• Commercial & Business Law

    Commercial & Business Law

    We are first and foremost commercial & business lawyers in Melbourne for people.  Our team will work with you to develop, manage and execute your business plan while ensuring you exploit opportunities, manage risks and achieve commercial success.  

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  • Dispute Resolution & Litigation

    Dispute Resolution & Litigation

    We are litigation lawyers in Melbourne specialised in commercial litigation and dispute resolution, we appreciate that resolving a dispute requires more than just following court processes. You can trust Taurus to be in your corner, and fight to deliver results.

     

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  • Property & Conveyancing

    Property & Conveyancing

    Enhanced by a wealth of experience, Taurus’ conveyancing lawyers in Melbourne can assist you with all of your conveyancing needs.

    Whether you are selling or purchasing your dream home, we are experienced in handling the conveyance to ensure the smooth settlement of your property.  We successfully perform all steps of your conveyance from reviewing or drafting the Contract of Sale through to confirming settlement has been completed with your real-estate agent.

    We are passionate about providing exemplary personal service to every client and understand that we are here to assist you during one of your most exciting and stressful transactions. We ensure that all of our clients are provided with regular updates and use our own portal allowing clients to login to view the progress of their transaction at any time.

    The conveyancing lawyers at Taurus are registered with PEXA and experts in their field.

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  • Intellectual Property

    Intellectual Property

    One of the most valuable assets of any business is its intellectual property. We as intellectual property lawyers Melbourne empower our clients to protect their brand, systems and confidential information by offering them a broad range of legal services related to their IP.

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  • Insolvency & Bankruptcy

    Insolvency & Bankruptcy

    We act on behalf of business lawyers, creditors, debtors, and insolvency practitioners in a variety of re-structuring and insolvency matters.

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  • Debt Recovery

    Debt Recovery

    We will recover your debts as if they were our own. For many owners, directors, and managers, debt recovery is one of the most confronting and challenging aspects of running a business. It is also crucial to the cash flow of the business, and therefore critical to its financial success.

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  • Employment Law

    Employment Law

    We help our clients meet the demands and challenges of managing their workforce.

    We have a team of employment solicitors can assist in any employment law matter ranging from drafting employment agreements to giving termination advice and handling unfair dismissal applications.

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ENQUIRE

On 1 October 2018, our employment solicitors informed a new causal 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 employees 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