Archive


We congratulate our client, Alfasi Property Group, on the announcement of their new hotel development at 2-10 River Street, South Yarra.

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On 2 October 2018, a Full Bench of the Fair Work Commission, headed by Ross J, partially overturned a decision of Deputy President Colman, reguarding the cases of Mr Gelagotis and Mr Hatwell which received media coverage because of the industrial context that the dismissals arose.

The Full Bench stated that there was a valid reason for dismissal but the conduct warranted a disciplinary response that fell short of dismissal.

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In September 2018, the Fair Work Commission (FWC) published a new model award term to supplement the flexible work provisions in s65 of the Fair Work Act 2009 (Cth) (FW Act). In another decision, when arbitrating a dispute under an enterprise agreement, it found that the employer had not demonstrated that it had “reasonable business grounds” for refusing an employee’s flexible work request.

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On Thursday 1 November 2018, the Long Service Leave Act 2018 (Vic) (LSL Act 2018) took effect.

Although the rate at which long service leave (LSL) accrues (0.8667 weeks per year) will not change, there are other significant changes that businesses operating in Victoria need to ensure they comply with to avoid exposure to penalties which have tripled under the new law. 

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Rigby Cooke is proud to have represented Ousia Investments in signing a management agreement with Marriott Hotels to bring its first Courtyard by Marriott to Melbourne.

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There has been a significant amendment to the Trade Marks Act 1995 which further entrenches the legality of parallel imports in Australia.

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The recent decision of the Supreme Court in Estate of Elzow [2018] VSC 498 highlights the importance of validly executing a Will.

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While most of the Australian population (and its media) are fixated on the Royal visit or the AFL player trade, those in the industry have had a similar level of interest in the movement towards Australian domestic ratification of the Trans Pacific Partnership (TPP-11) (aka the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)) and its possible commencement date.

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This article was first published by Daily Cargo News, October 2018. 

A SENIOR trade lawyer says the Trans-Pacific Partnership still will be subject to a transparent review process before being implemented by the government.

The Maritime Union National Council recently passed a resolution describing the TPP-11 as enabling corporations to seek “unfettered access to Australian government contracts” and something that would “destroy Australian jobs”.

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A recent decision of the Fair Work Commission (FWC) provides insight into the meaning of “acceptable” alternative employment and when the FWC will use its discretion to reduce a redundancy payment in circumstances where an employee, whose position has become redundant, has declined an offer of alternative employment.

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