• 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 6 December 2022, the Federal Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Cth).  This legislation aims to modernise workplace bargaining, address the gender pay gap and increase wages.

In this article, we explain some of the changes, how they impact business owners and employees and changes that employers need to action.

Pay Secrecy Clauses

Most employment contracts label salary as confidential information, which prohibits employees from disclosing it to other employees. Some employers even go so far as to prohibit employees from discussing their salary with anyone. These types of clauses have benefited employers, and reduced the risk that employees will rally together to demand better pay.

Employees will now have a new workplace right to decide whether they would like to disclose their renumeration, and any terms and conditions of their employment that may impact their remuneration. This includes any bonus structures, pay bands and KPIs.

Employees will also be allowed to disclose their remuneration to any other person, including the media or competitors.

The removal of pay secrecy has come about to assist with pay equality in the workplace, to prohibit discrimination and lead to more transparency.

Employers should review their employment contracts and remove or update any pay secrecy clauses.

Flexible Working Arrangements

The process for an employer to respond to a request for flexible working arrangements is also changing. It is changing to a more stringent process, which requires employers within 21 days to:

  • Approve the request; or
  • Have discussed and agreed with the employee changes to the requested working arrangements; or
  • Have discussed, on reasonable business grounds, why they refuse to approve the request.

If an employer refuses the employee’s request or fails to respond within 21 days, employees are able to bring a dispute to the Fair Work Commission. The Fair Work Commission will now have larger powers to make orders when determining the disputes.

These changes are harsher on employers and will require employers to consider:

  1. The procedural fairness of their decision: that is, discussing their decision with the employee. It should be a collaborative discussion and not a one-sided discussion;
  2. The substantive fairness of their decision: that is, making sure that their decision is based on legitimate and fair reasons.

Employers should begin reviewing their current policies and update them to match the new procedural and substantive fairness requirements.

Abolishing The ABCC

Under the new legislation, the Australian Building and Construction Commission (ABCC) will be eliminated. The National Construction Industry Forum will be established to provide advice to the government on the building and construction industry.

For employers, it is likely that the number of industrial disputes on building and construction sites will rise.

Employees in the building and construction industry will no longer be monitored by an industry-specific industrial regulator, and will have the same rights as other workers when enforcing the fair work legislation.

Employers who are subject to the ABCC should seek legal advice on their rights and obligations under the legislation.

If you would like our team to further explain the changes to employment laws and to ensure that your business is compliant with these changes, please contact a lawyer at Taurus legal Management on (03) 9481 2000 or info@tauruslawyers.com.au.

Posted by Taurus Legal Management