• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

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  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

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  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

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  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

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  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.

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ENQUIRE

On 1 October 2018, our employment solicitors informed a new casual workers Ruling came into force and was inserted into 85 modern awards, including the retail, social, community and restaurant awards (the Ruling).  If you employ casual workers, this Ruling will directly affect your business.

Increased Rights

The Ruling now allows a regular casual employee to request that their employment be converted to full-time or part-time employment.

Regular casual employees:

  • Who have over a calendar period of at least 12 months worked a pattern of hours on an ongoing basis (without significant adjustment), which the employee could continue to perform as a full-time employee
  • Who works 38 hours per week

may request to become a full-time employee. The Ruling also applies to regular casual workers who are working consistent part-time hours.

Decision and Grounds for Refusal

The employee’s request to be a full-time or part-time employee must be in writing. Once the employer reaches a decision regarding the conversion of employment, they must consult the employee about their decision. This means the employer should sit down and discuss his/her thoughts with the employee and ultimately explain their decision.

Importantly, the request can only be refused on reasonable grounds, which can include:

  1. it would require a significant adjustment to the employee’s hours (i.e. the employee is not a true regular casual employee);
  2. it is known or reasonably foreseeable that the employee’s position will cease to exist within the next 12 months;
  3. it is known or reasonably foreseeable that the employee’s hours will significantly reduce within the next 12 months; or
  4. it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

If the employer refuses the request, the employee must be given a written notice setting out the reason for the refusal within 21 days. If the employee does not accept the refusal, this will be categorised as a ‘dispute’ under the Award and allow the employer or employee to refer the matter to the Fair Work Commission.

Acceptance of Request

If the request to convert the employment is successful, the next step is for the employer and employee to sit down and discuss the change. Under the Ruling, the parties must discuss and record in writing the new form of employment (i.e. full-time or part-time) and if part-time, it the employee’s regular pattern of work, including hours, days of work and the starting and finishing times per day.

Converting Back to a Casual Employee

It is important for casual employees to seriously consider the decision to convert their employment. Once the employment is converted to full-time or part-time, the employment may only be converted back to casual with the consent of the employer. It is interesting to note that the Ruling does not prohibit the employer from unreasonably refusing this request. However, over time the Courts may impose this restraint.

Notifying Employees

Even if employees do not request to become full-time or part-time, employers are obliged to provide existing employees with a copy of Ruling by 1 January 2019. A copy of the Ruling must also be given to all new casual employees within their first 12 months of employment.

For more information about Employment Law or advice as to how the Ruling will impact you, please contact Alex Martin and the Taurus Legal Management team on (03) 9481 2000.

Posted by Taurus Legal Management