Unfair Dismissal
The Fair Work Act 2009 (Cth) (FW Act) increases the protection for employees who have been unfairly dismissed. Who can make an unfair dismissal claim? A person can make an unfair dismissal claim if they have: completed the minimum employment period; and are covered by a modern award (or award-based transitional instrument) or an enterprise […]
Progress Payments and Disputes
Many building contracts have an agreed price for the whole of the work with payments made when the house reaches certain stages – slab, plate height, lock-up – and so on. Usually the builder makes a progress claim which needs to be settled within a specified time period or else penalties and interest can apply […]
Dividing Fences and Disputes
Dividing fences are the source of a great deal of angst between new (and not so new) neighbours. Rights and obligations of neighbours are covered by the Dividing Fences Act 1961. It is a good idea to discuss any fencing matter with your local authority before proceeding unilaterally without consulting your neighbour. In relation to […]
Dispute Resolution
Building and renovation work can be an involved process and a dispute may arise about the quality of work or materials or about the contract itself. To avoid later disputes, there are some things to bear in mind from the outset of the building process. Initially, all promises, undertakings and concessions made in pre-contract […]
Dividing Fences and Retaining Walls
Dividing fences are the source of a great deal of angst between new (and not so new) neighbours. Dividing fences are covered by the Dividing Fences Act. In relation to dividing fences, the Department of Housing and Works has produced an excellent booklet – “Dividing Fences”, which can be freely downloaded at www.dhw.wa.gov.au. Retaining walls […]
Employment Dispute Resolution
DISPUTE RESOLUTION The Fair Work Act 2009 (Cth) (FW Act) places emphasis on employers and employees undertaking good faith bargaining in order to make an enterprise agreement. This Fact Sheet examines disputes about making the bargain and disputes once the bargain has been struck. Builders should also refer to Master Builders Fact Sheet 3 which […]