Amendments to the Corporations Act 2001 (Cth) - termination payments for officers
The Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 (Bill) has passed the Senate. The Bill will apply to contracts of employment that are entered into, renewed, extended or varied after the date on which the Bill commences. The changes include requiring companies to obtain shareholder approval to provide termination benefits to directors or past directors of a company or any of its related bodies corporate in the three years prior to their retirement. It also requires disclosing employees who are key management personnel or have been key management personnel in the three years prior to the termination of their employment.
Equal Opportunity (Miscellaneous) Amendment Act 2009 (SA) - aligning laws with Federal standards
On 2 October 2009, key changes were made to the Equal Opportunity Act 1984 (SA). Coverage of disability has been extended to match Federal law so that a person who experiences discrimination because of a mental illness, a learning disability, a genetic risk or an asymptomatic infection will be able to bring their complaint to the South Australian Equal Opportunity Commission. All workers, whether they are employees or contractors will have the same protection against discrimination at work. The definition of sexual harassment will be the same as contained in Federal law. Workers will also be able to hold employers liable for sexual harassment at work, unless the employer has taken reasonable steps to prevent the harassment.
The time limit to bring complaints to the Equal Opportunity Commission is extended from six months to 12 months. Other less significant changes were made to modernise the Equal Opportunity Act. In general, the theme of the changes was to bring the Equal Opportunity Act in line with key aspects of Federal law.
New tax laws regarding employee share schemes
The legislation for implementing the new employee share scheme and option plan rules has passed both the House of Representatives and the Senate, and only awaits Royal Assent. The new legislation changes the tax treatment of employee share and option plans. View our recent update on these changes at http://www.dlaphillipsfox.com/
Lessons from Swine Flu
In September 2009, DLA Phillips Fox and its alliance partner, DLA Piper, undertook a survey to look at how businesses have reacted to the threat of swine flu in different regions around the world including Australia and New Zealand, Asia and the United Kingdom. While the threat of swine flu may have dissipated in recent months, the survey provides some useful insights into how to prepare for such pandemics in the future. The survey results are available at http://www.dlaphillipsfox.com/
Doing Business in Australia Guide – 2010 edition
DLA Phillips Fox has produced a new Doing Business in Australia Guide. This comprehensive Guide, supported by the Australian Trade Commission (Austrade), is designed to help foreign investors and new entrants to the Australian market navigate their way through the maze of legislation, and identify and maximise the many opportunities available.
There are two sections to this online Guide: Section One provides an overview of the laws and regulations involved in foreign investment and in establishing and operating a business within Australia including in regards to immigration and employment law. Section Two looks specifically at the local construction and infrastructure industries. Both sections are available at http://www.dlaphillipsfox.com/ article/706/Doing-Business-in-
The Workplace Guides
DLA Phillips Fox has prepared a variety of Workplace Guides to help our clients adapt to the changes under the new Fair Work Act 2009 (Cth). To order copies of any of the below, please contact Rebecca Veli on rebecca.veli@dlaphillipsfox.com
The Workplace - Infrastructure and Construction - Special Report
Recent legislative changes and decisions in industrial relations and employment law have significant implications for the infrastructure and construction industries. In our upcoming special report we explore in depth recent events and the challenges they bring for construction in Australia. To register your interest in receiving this report email Reneé Williams at renee.williams@dlaphillipsfox.com.
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DLA Phillips Fox is one of the largest legal firms in Australasia and a member of DLA Piper Group, an alliance of independent legal practices. It is a separate and distinct legal entity. For more information visit www.dlaphillipsfox.com
This publication is intended as a first point of reference and should not be relied on as a substitute for professional advice. Specialist legal advice should always be sought in relation to any particular circumstances.
