ACCC Proposes Collective Bargaining Class Exemptions For Small Businesses
The Australian Competition and Consumer Commission (‘the ACCC’) is currently seeking feedback on its proposal to implement a class exemption for collective bargaining for certain businesses.
Investigation by FWO Reveals Underpayment of Café Employees
In a statement released by the Fair Work Ombudsman (“the FWO”), the employment watchdog has announced that following an investigation, the operator of two Melbourne cafes has back-paid 26 employees a total of $24,947 and will be under close scrutiny for three years.
High Court Rules Sperm Donor Is Child's Legal Parent: Masson v Parsons [2019] HCA
21
In Masson v Parsons & Ors [2019] HCA 21 (19 June 2019), the High Court of Australia has allowed an appeal from a judgment of the Full Court of the Family Court of Australia concerning parenting orders made under Part VII of the Family Law Act 1975 (Cth) ("the Federal Act"). The case, among other matters, raised issues as to the federal application of a state Act determining the status of children and also issues relating to the meaning of "parent" and whether the ordinary meaning of "parent" excludes "sperm donor".
FWO Investigation Decides Uber Drivers Not Classified as Employees
In a recently completed investigation conducted by the Fair Work Ombudsman (“FWO”), relating to Uber Australia Pty Ltd (“Uber Australia”) and its engagement of drivers, the employment watchdog has decided that Uber drivers in Australia are not employees, and thus not entitled to a full range of benefits including sick pay, superannuation and annual leave because of the level of control over the work they perform.
ACCC Calls For Feedback On APRA Licensing Arrangements
On 5 June 2019, the Australian Competition and Consumer Commission (‘the ACCC’) announced that it was looking into the Australasian Performing Right Association’s (‘APRA’) request to reauthorise its musical works licensing arrangement and released a draft determination.
ASIC v Kobelt [2019] HCA 18: "Book Up" Credit System Found Not To Be Unconscionable
In Australian Securities and Investments Commission v Kobelt [2019] HCA 18 (12 June 2019) the High Court of Australia has, in a majority decision, dismissed an appeal from the Full Court of the Federal Court of Australia and has held that Mr Kobelt's (the respondent's) provision of a "book-up" credit system did not contravene the prohibition on "unconscionable conduct" in the Australian Securities and Investments Commission Act 2001 (Cth) (the ASIC Act) section 12CB(1).
Victorian Bill To Remove Restrictions On IVF For Separated Women
On 4 June 2019, the Minister for Mental Health, Martin Foley, introduced the Assisted Reproductive Treatment Amendment (Consent) Bill 2019 (VIC) (‘the Bill’) to the Victorian Legislative Assembly.
SA Holding Review of Law and Practice in Relation to Abortion
On 26 February 2019, the South Australian Attorney-General, Vickie Chapman (the Attorney-General) announced that the South Australian Law Reform Institute (the SALRI), based at Adelaide University, had been asked by the State Government to consider changes to SA’s 50 year old abortion laws, with a view to improving access and modernising the practices in SA and with a view to making abortion a regulated medical procedure under health legislation as opposed to a criminal law issue. On 31 May 2019, the public information gathering part of the Review conducted through the YouSAy website closed. The outcome of the public feedback is expected to become available in August 2019.
ACCC v Jetstar Airways Pty Ltd [2019] FCA 797: False or Misleading Representations
About Refunds
In ACCC v Jetstar Airways Pty Ltd [2019] FCA 797 (30 May 2019), the Federal Court of Australia (the “Federal Court”) has ordered Jetstar Airways Pty Ltd (“Jetstar”) to pay $1.95 million in penalties for making false or misleading representations about consumer guarantee rights under the Australian Consumer Law (the “ACL”, Schedule 2 of the Competition and Consumer Act 2010 (Cth)). The action against Jetstar was brought by the Australian Competition and Consumer Commission (“ACCC”).
Draft Paintball Regulations for NSW
On 15 August 2018, the Paintball Act 2018 (NSW) (“the Act”) was passed by the NSW Parliament. The Act removed paintball markers from the Firearms Act 1996 (NSW) and established a separate system for the regulation of paintball markers, venues and activities. The Act has not yet commenced, with its provisions to commence on a day or days to be proclaimed.
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