General Enquiries:office@whlaw.com.au
Perth:+61 8 9481 2040
Geraldton:+61 8 9921 2344
Williams + Hughes is pleased to announce that it has been awarded recertification in Meritas, a global alliance of independent business law firms. Williams + Hughes joined Meritas in 2014 and, as a condition of its membership, is required to successfully complete recertification every three years.
Meritas is the only law firm alliance with an established and comprehensive means of monitoring the quality of its member firms, a process that saves clients’ time validating law firm credentials and experience. Meritas membership is selective and by invitation only. Firms are regularly assessed and recertified for the breadth of their practice expertise, client satisfaction and high standards of cybersecurity to keep legal information safe. Meritas’ extensive due diligence process ensures that only firms meeting the tenets of Meritas’ unique Quality Assurance Program are allowed to maintain membership. The measurement of the firm’s performance, based on input from clients, is reflected in a Satisfaction Index score, which is available online on the Meritas website.
“Our values of quality service and client satisfaction align with the Meritas mission to provide a safe and responsive global offering to clients,” said Damian Quail, Director. “We’ve successfully collaborated with colleagues in many jurisdictions around the world to solve client issues and help them seize opportunities outside of this market. We look forward to keeping those vital connections through membership in Meritas.”
The recertification process Williams + Hughes completed to maintain its membership status included exacting self-assessment, peer review by other law firms and client feedback.
“Businesses trust the Meritas alliance of law firms for top-tier quality, convenience, consistency and value,” said Sona Pancholy, president of Meritas. “Williams + Hughes has demonstrated its commitment to world-class legal standards, and therefore has successfully earned its recertification in Meritas.”
For more information about our our membership in Meritas, please see here
About Meritas
Meritas’ global alliance of independent, market-leading law firms provides borderless legal services to companies looking to effectively capture opportunities and solve issues anywhere in the world. Companies benefit from local knowledge, collective strength and new efficiencies when they work with Meritas law firms. The personal attention and care they experience is part of Meritas’ industry-first commitment to the utmost in quality of service and putting client priorities above all else. Founded in 1990, Meritas has member firms in 259 markets worldwide with more than 7,500 dedicated, collaborative lawyers. To locate a Meritas resource for a specific need or in a certain market, visit Meritas.org or call +1-612-339-8680
Leading Adelaide commercial Firm, DMAW Lawyers has been selected to be South Australia’s representative firm for Meritas, the premier global alliance of independent law firms.
DMAW Lawyers will become an integral part of the Australia & New Zealand network of firms as well as the worldwide network of 191 law firms located across 96 countries.
This alliance will enhance DMAW Lawyers’ ability to support South Australian business interests both nationally and internationally.
DMAW’s Lawyer’s Managing Director, Mr Leo Walsh said “One of most attractive benefits of belonging to this network was the opportunity for our lawyers to participate in national and global conversations on business and legal issues. Not only does this expand our thinking, and add to our technical skills, but it help our lawyers build trusted, reliable relationships with lawyers in the regions that matter to our clients. Already we’ve participated in meetings with Insolvency experts across the country and with Senior Partners in Shanghai and Tokyo.”
Mr Mike Worsnop, Partner with Martelli McKegg in New Zealand and Co-Chair of Meritas ANZ: “We are delighted to have DMAW Lawyers join our group. Not only was their quality apparent but they’ve been very easy and responsive to deal with during our discussions. They clearly demonstrated the type of service clients look for when using a firm in a different market.”
“DMAW Lawyers had to meet the rigorous requirements to become members of Meritas, the only law firm alliance with a Quality Assurance Program that ensures clients receive the same high-quality legal work and service from every Meritas firm.”
Meritas membership is extended by invitation only, and firms are regularly assessed for the breadth of their practice expertise and client satisfaction.
Ms Sona Pancholy, Meritas CEO: “In today’s environment having a commitment to a reliable network is more important than ever. Independent law firms, Corporate Counsel, Business Owners and their Commercial Advisors, all choose their portfolio of trusted legal relationships to match the issues and the markets they want to navigate. For 30 years, Meritas has cultivated a group of the best firms for this purpose.”
About DMAW Lawyers
DMAW Lawyers was established in Adelaide in 2002. The firm has ten Principals and a team of 50 staff. DMAW Lawyers focus on three areas of specialization being Corporate, Transactions, and Disputes for Business Clients.
Website: DMAW Lawyers
About Meritas
Founded in 1990, Meritas is the premier global alliance of independent law firms. As an invitation-only alliance, Meritas firms must adhere to uncompromising service standards to retain membership status. With 192 top-ranking law firms spanning 96 countries, Meritas delivers exceptional legal knowledge, personal attention and proven value to clients worldwide.
Website: Meritas
In Australia and New Zealand, Meritas is represented by leading independent commercial law firms in each of these six major capital cities:
In Australia
Adelaide DMAW Lawyers
Brisbane Bennett & Philp
Melbourne Madgwicks Lawyers
Perth Williams+Hughes
Sydney Swaab
In New Zealand
Auckland Martelli McKegg
The core component of the Federal Government’s business support package in response to the Covid-19 pandemic is the JobKeeper scheme. This scheme is intended to help employers retain employees on their books, with the objective of ensuring money continues to circulate in the economy during these challenging times.
The JobKeeper legislation was passed by the Federal Parliament on 8 April 2020. Rules dealing with administering the scheme were made by the Treasurer on 9 April 2020.
The JobKeeper payment is, in a nutshell, a AUD$1,500 per fortnight per employee wage subsidy paid by the Federal Government to employers until 27 September 2020.
The estimated cost of this measure is AUD $130 billion. The Government has stated that $1,500 per fortnight is the equivalent of about 70% of the median Australian wage and represents about 100% of the median Australian wage in some of the most heavily affected sectors, such as retail, hospitality and tourism.
The scheme operates via a reimbursement system. Participating employers make wages payments to their employees and are then reimbursed in arrears $1,500 by the Government per eligible employee per fortnight. The Government does not pay employees direct. The JobKeeper payment cannot be claimed in advance. The first payments to eligible employers will commence in the first week of May 2020.The first payment is for the fortnight of 30 March - 12 April 2020 i.e. the scheme commences from that date.
Employers who wish to participate in the scheme must register their interest through the Australian Taxation Office website here by 31 May 2020.
Key Eligibility Requirements
The employer must pursue their objectives principally in Australia.
An employer is not eligible for the JobKeeper payment if any of the following apply:
The effect of the second and third exceptions listed above is that employees of State and local Governments are excluded from benefiting from the JobKeeper scheme.
The scheme is not limited to companies. Partnerships, trusts, not for profit organisations, sole traders and other legal entities are eligible to participate in the scheme. Special rules apply to payments to business owners and directors.
In order to be eligible for JobKeeper payments, the projected turnover of the employer's business must fall by 30% as compared to the same period last year. In order to register for the scheme, a business must self assess that it has had or will have the necessary decline in turnover.
A 50% turnover decline is required for businesses with revenue of AUD$1 billion or more.
Charities need suffer only a 15% decline in order to be eligible.
The turnover calculation is based on GST turnover, even if the employer is not registered for GST. The ATO has released detailed rules about calculations that must be made, and what documents and supporting evidence is needed.
Eligible employees must be currently employed by the employer for the fortnights it claims for (including those employees who are stood down or re-hired). The subsidy cannot be claimed for employees who left employment before 1 March 2020.
Employees are only eligible if they are older than 16 and were Australian residents on 1 March 2020.
Many employers in the "gig economy" who are casual employees - including in hospitality, food services, retail and tourism - will be unable to benefit from the scheme if they are "recent hires" i.e. have been employed as casuals for less than 12 months as at 30 March 2020.
Key legal obligations for participating employers
Each employee in respect of whom an employer receives a JobKeeper payment must be paid at least $1,500 per fortnight before tax by the employer. This is the case even if the employee would normally receive less than $1,500 per fortnight. The employer cannot keep the difference between the JobKeeper subsidy and the employee's usual wages. In effect, the wages of employees who usually earn below $1,500 per fortnight are increased to $1,500.
It can be seen that for employees who earn less than $1,500 per fortnight, their continued employment through to 27 September 2020 essentially comes at no cost to the employer.
If an employer does not continue to pay their employees for each pay period, they will cease to qualify for the JobKeeper payments. For the first two fortnights (30 March – 12 April, 13 April – 26 April) wages can be paid late, provided they are paid by the employer by the end of April 2020.
Only one employer can claim the JobKeeper payment in respect of a person. Where a person works multiple jobs, a choice will need to be made as to which employer receives the subsidy. The employee makes the choice. An employer cannot claim the JobKeeper subsidy without an employee's consent.
If an employee is a long-term casual and has other permanent employment, they must choose the permanent employer.
If an employer decides to participate in the JobKeeper scheme, it must nominate all of its eligible employees. The employer cannot choose to nominate only some eligible employees. However, individual eligible employees can choose not to participate.
No deduction for JobKeeper payments received is made when calculating and deducting PAYG tax payments on employee's wages.
New rules are being introduced by the Government with the intention to not require the superannuation guarantee to be paid on additional payments that are made to employees as a result of JobKeeper payments.
JobKeeper Enabling Directions
The JobKeeper scheme gives eligible employers the authority to make what are described as "JobKeeper Enabling Directions" in respect of eligible employees. These directions are designed to provide greater flexibiliity to employers to manage the hours, duties and location of their workforce in the face of the significant Covid-19 related challenges.
JobKeeper Enabling Directions available to eligible employers include:
If you need legal assistance in relation to the JobKeeper scheme, please contact Damian Quail in our office.
This article is general information only, at the date it is posted. It is not, and should not be relied upon as, legal advice. This article might not be updated over time and therefore may not reflect changes to the law. Please feel free to contact us for legal advice that is specific to your situation.
Modern slavery legislation has been enacted in Australia. Many larger companies are now legally obliged to prepare Modern Slavery Statements and submit these statements to the Australian Federal Government. The Statements will be published on a publicly accessible register.
At its broadest, the term "modern slavery" refers to any situations of exploitation where a person cannot refuse or leave work because of threats, violence, coercion, abuse of power or deception. It encompasses slavery, servitude, deprivation of liberty, the worst forms of child labour, forced labour, human trafficking, debt bondage, slavery like practices, forced marriage and deceptive recruiting for labour or services. Indicators of modern slavery practices may incude unlawful withholding of wages and identity/travel documents through to excessive work hours and restrictions on movement. Other indicators include recruitment agencies deducting excessive fees from worker remuneration, loans to workers with astronomical interest, and similar practices.
The Walk Free Foundation, which publishes the annual Global Slavery Index, estimates that 30.4 million people are victims of modern slavery in the Asia Pacific region, including within Australia (Walk Free Foundation, Global Slavery Index 2016, www.globalslaveryindex.org). Many Australian companies source workers, products and services from the Asia Pacific region.
For many of these larger companies, reports will need to be lodged between 1 July 2020 and 31 December 2020. It is crucial that affected companies begin reviewing their internal processes and supply chains and begin collecting data to comply with the new reporting obligations.
What does the Federal legislation require?
The Federal legislation is the Modern Slavery Act 2018 (Cth). It commenced on 1 January 2019.
Key aspects of the Federal legislation are as follows:
No penalties exist in the legislation for not complying with the Act. However, the Government has indicated that if compliance rates are low, the need for penalties will be considered as part of a three year review of the legislation.
Many prominent Australian companies such as Wesfarmers, South 32, Qantas and Fortescue Metals have already published Modern Slavery Statements.
What does the New South Wales legislation require?
The NSW legislation - the Modern Slavery Act 2018 (NSW) - is not yet in force. It was assented to on 27 June 2018, but it has not yet commenced operation. On 6 August 2019 the NSW Legislative Council Standing Committee on Social Issues announced an inquiry into the NSW Act. The Committee's recommendations are due on 14 February 2020.
Key aspects of the proposed NSW Act are as follows:
It is not yet certain whether the NSW legislation will operate in addition to the Federal legislation, or whether it will only operate when the Federal legislation does not apply to a particular company. The proposed NSW Act states that the reporting requirements under the NSW Act will not apply if the organisation is subject to obligations under a law of the Commonwealth or another State or a Territory. So, a possilbe outcome is that companies that file a Modern Slavery Statement under the Federal legislation will not need to report under the NSW Act as well. However, companies operating in NSW with revenue between $50 and $100 million may need to comply with the NSW Act once it commences operation, as they will be caught by the NSW Act but not the Federal Act.
What does the Western Australian legislation require?
Nothing yet- Western Australia has not yet enacted its own Modern Slavery legislation. However, it seems inevitable that Western Australian legislation will arrive at some point.
Next steps
It is crucial that companies required to report under the Modern Slavery Legislation begin reviewing their internal processes and supply chains and begin collecting data to comply with the new reporting obligations. This could include:
For further information on managing your risk and compliance obligations, please contact Damian Quail.
This article is general information only, at the date it is posted. It is not, and should not be relied upon as, legal advice. This article might not be updated over time and therefore may not reflect changes to the law. Please feel free to contact us for legal advice that is specific to your situation.
Employers should take note of changes to the employment landscape that take effect on 1 July 2019.
Increase in the National Minimum Wage and modern award rates
As discussed in a separate Williams + Hughes Insight, from 1 July 2019 the:
Changes to the Maximum Superannuation Contributions Base
The Maximum Superannuation Contributions Base is set by the Federal Government each year. It is used to determine the maximum limit on any individual employee’s earnings base for each quarter for superannuation guarantee payment purposes. An employer does not have to pay the superannuation guarantee for the portion of earnings above this limit.
From 1 July 2019 the Maximum Superannuation Contributions Base increases to $55,270 per quarter, up from $54,030. So, the maximum superannuation guarantee payments that an employer is liable to pay from 1 July 2019 per employee is 9.5% of $55,270, or $5,250.65 per quarter. Calculations should always be made on a quarterly, not annual, basis.
Changes to the High Income Threshold
From 1 July 2019 the high income threshold will increase to $148,700 per annum (from $145,400 per annum). This is important because the high income threshold sets the limit on an employee’s ablity to bring unfair dismissal proceedings. If an employee’s annual rate of earnings is more than the high income threshold, the employee is not able to bring an unfair dismissal claim unless they are covered by a modern award or enterprise agreement.
The increase to the high income threshold also means that the maximum payable compensation for unfair dismissal increases to $74,350, which is 50% of the new high income threshold.
The increase to the high income threshold also sets the minimum guaranteed earnings hurdle for an employee to be a “high income employee” for the purposes of modern award coverage. If a high income guarantee is entered into, the employee is not subject to the application of any modern award.
When calculating earnings for the purpose of the high income threshold, the following items are included:
The following are not included as part of an employee’s earnings:
New whistleblower laws
Under the new whistleblower regime, public companies, proprietary companies that are trustees of a superannuation entity and large proprietary companies must have a compliant whistleblower policy and must provide it to their employees.
As discussed in a separate Williams + Hughes Insight, from 1 July 2019 new asset, revenue and number of employees thresholds apply when determing whether a company is a large proprietary company.
The new whistleblower regime takes effect from 1 July 2019. Although the new regime applies to disclosures made on or after 1 July 2019, the disclosures may relate to conduct that occurred before that date.
The requirement to have a whistleblower policy in place commences on 1 January 2020, although a small proprietary company that becomes a large proprietary company after 1 January 2020 will have an additional six months to establish a whistleblower policy.
Given that companies need to comply with the new laws from 1 July 2019 and must have compliant policies in place by the dates referred to above, companies must take steps to prepare compliant whistleblower policies. Managers and staff must also be trained to properly handle disclosures that are protected under the new whistleblower laws - the new laws require this. The whistleblower policies must also be made available to officers and employees of the company.
Williams + Hughes can assist you in several ways:
For further information on how these changes may impact on your business please contact Damian Quail or Matthew Lenhoff on +61 8 9481 2040 or damian.quail@whlaw.com.au or matthew.lenhoff@whlaw.com.au.
This article is general information only, at the date it is posted. It is not, and should not be relied upon as, legal advice. This article might not be updated over time and therefore may not reflect changes to the law. Please feel free to contact us for legal advice that is specific to your situation.
All employers should be aware of the Fair Work Commission's (FWC's) decision regarding the 2018/2019 annual wage review.
The FWC announced a 3% increase from the first full day period on or after 1 July 2019 to the:
The FWC’s decision is lower than last year’s 3.5% increase to the national minimum wage (and lower than the 3.3% increase from the previous year). The FWC stated that the prevailing economic conditions justified a lower increase this year.
In light of the FWC’s decision, it is important that employers review their rates of pay before 1 July 2019 to ensure employees are appropriately paid in accordance with the new wage rates. There can be significant penalties against employers, and potentially directors, who fail to meet their minimum wage obligations.
For further information on how these changes may impact on your business please contact us on +61 8 9481 2040.
This article is general information only, at the date it is posted. It is not, and should not be relied upon as, legal advice. This article might not be updated over time and therefore may not reflect changes to the law. Please feel free to contact us for legal advice that is specific to your situation.
On 3 October 2018, the Occupational Safety and Health Act 1984 (WA) and the Mines Safety and Inspection Amendment Act 2018 (WA) (collectively the Acts) came into effect, which significantly increased the current penalties for work health and safety offences in Western Australia.
The new penalties are intended to provide a real incentive to comply with workplace safety laws and ensure penalties meet community expectations. The most significant penalty increases include:
The maximum penalties are consistent with the national model Work Health and Safety Act (WHS) plus a 14% increase for inflation, meaning WA now has the highest maximum penalties for workplace health and safety offences in Australia.
Upcoming changes - Work Health and Safety Bill
On 12 July 2017, the Western Australian Government announced the development of a modernised Work Health and Safety Act for Western Australia which is based on the WHS. This Act will replace three Acts, the Occupational Safety and Health Act 1984, Mines Safety and Inspection Act 1994 and Petroleum and Geothermal Energy Safety Levies Act 2011. In July 2017, Commerce and Industrial Relations Minister Bill Johnston formed a ministerial advisory panel to advise on the development of a new and improved WHS Act, based on the national model WHS Act. The public consultation period closed on 31 August 2018. The WHS Bill is not expected to be introduced to State Parliament until mid-2019.
What steps should employers be taking
In light of these increases employers should ensure:
If you’d like to better understand what these changes mean for your business, please contact Leanne Allison, Special Counsel on +61 8 9481 2040 or leanne.allison@whlaw.com.au.
This article is general information only, at the date it is posted. It is not, and should not be relied upon as, legal advice. This article might not be updated over time and therefore may not reflect changes to the law. Please feel free to contact us for legal advice that is specific to your situation.
We act as employment lawyers for employers, employees and subcontractors in disputes about entitlements, workplace injuries, occupational health and safety, breach of confidential information and diversion of business opportunities by employees.
Our specific expertise includes:
We also prepare and review employment and service related contracts. For more details click here.
If you are seeking advice with employment law or have any questions, get in touch with our employment lawyers in Perth.
Williams + Hughes has a long held reputation as having trusted expert litigation and dispute resolution lawyers in Perth. Our litigation and dispute resolution lawyer team is one of the largest litigation teams in Western Australia, regularly appearing in the State and Federal Courts and the State Administrative Tribunal.
We assist and advise clients on the full range of corporate and commercial litigation and dispute resolution matters. We act for public and private companies and individuals, assisting them to obtain the best outcome possible.
If you are in need of litigation and dispute resolution lawyers in Perth, contact us and see what sets us apart.