Archived Articles about Legal

Hong Kong Law Firms Can Assist Small Businesses    By: oln law
Hong Kong has long been the acknowledged capital of the world business markets. Small business law firms operating from Hong Kong offer invaluable services to UK clients.(read entire article)(posted on: 2010-05-19)
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What To Do If You Get A Driving Suspended License Charge    By: David Scott
Some Florida drivers do not know much about the legal processes and procedures involving driver license suspension. In some cases, a driver will use their car not knowing that his or her driver’s license has been suspended. Your case will be considered as unknowingly driving suspended charge. This is a civil infraction that could have a very adverse impact on your driving record history.(read entire article)(posted on: 2010-05-19)
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Managing Your Debts    By: contegobank
It is very common to see people getting buried under debts. There are so many people around us who have been thinking of ways all the time to come out of their debts and start saving enough so as not to worry about it in future. The method or savings that can help you come out of your debts differ from one person to another. Here are few ways through which you can figure out your situation and can act in a wise way to come out of it without selling off your property or other valuable assets.(read entire article)(posted on: 2010-05-19)
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San Diego Real Estate Attorneys – Finding The Attorney Who Wants Your Business To Grow    By: Kelly Stairs
If you live in San Diego or in Southern California and you are involved in real estate or are considering becoming involved in real estate, then you need to seek out good business attorneys. You need to find the San Diego real estate attorney who understands your business and your vision.(read entire article)(posted on: 2010-05-18)
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Orlando Personal Injury Lawyer Is The Best Preference For Victim    By: Jacksonlee
Some times you have been injured in an auto accident or injured by the action of another person than you have perhaps been told that you desired to talk with specialized Orlando personal injury lawyer. Another portion of personal injury law knows what personal injury claims to which a persona is entitled. There are a lot of possible claims. You get benefit by the lawyer familiar with personal injury law in that an insurance adjuster cannot misrepresent the law in trying to satisfy you that you will not receive advantages to which you may very much be entitled. This is just general details and you have any questions whatsoever, discuss with a lawyer licensed in your state.(read entire article)(posted on: 2010-05-18)
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Surgical Error Lawyers    By: David Robinson
Each year, millions of surgical procedures occur in the United States. Yet, each time a person undergoes a surgery, there are serious risks of medical and surgical malpractice.(read entire article)(posted on: 2010-05-17)
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How To Form A Company    By: James Mark
Introduction: This article explains the basic steps to take when setting up a new company in Australia. Although each state has small discrepancies, the basic procedure, outlined below, is the same. There are many company structures in Australia – the most commonly chosen is the ‘proprietary company’. These are denoted by the words “Pty Limited” or “Pty Ltd”. To help you differentiate, here are the major differences between public and proprietary companies are: • Proprietary companies must have at least 1 shareholder but no more than 50 non-employee shareholders. Public companies must also have at least 1 shareholder, however, there is no limit on the number of shareholders; • Proprietary companies must have at least 1 director who must ordinarily be resident in Australia. Conversely, public companies must have at least 3 directors – 2 of whom must ordinarily be residents in Australia; • Proprietary companies cannot engage in any activity that would require the lodgement of a prospectus (except for an offer of shares to existing shareholders or employees); and • Proprietary companies are not required to appoint an auditor. 1. Registration: A company is a legal entity which is born when it is registered with the Australian Securities and Investments Commission (ASIC). In the eyes of the law, it is treated as an individual, separate from the existence of its directors, employees and so on. Thus, a company has the power to own and dispose of property, sue and be sued, and enter into contracts. The name: Choose a name and ensure it is available and suitable for registration by searching the ASIC’s name database. A company name must indicate the company’s legal status. So a proprietary company must include the word “Proprietary” or the abbreviation “Pty” in its name. Although you might be taken by a particularly quirky name, some words and names cannot be used in company names without Ministerial approval. These include words such as “building society”, “trust”, “university”, “chamber of commerce” and “chartered”, as well as words suggesting a misleading connection with Government, the “Royal Family” or the Sydney 2000 Olympics. The aim of such restrictions is to ensure that a company’s name does not mislead as to the company’s activity or purpose. ASIC may also refuse to register names which are offensive or suggestive of illegal activity. Reserve a company name: If you thought of a name last year but have only just gotten around to starting the company, for whatever reason, you probably didn’t realise that you can ensure that the name cannot be taken by another company until you are ready to register it. To reserve the name, you simply complete and lodge ASIC form 410 – Application for reservation of a name, with the prescribed fee (currently $35). If the application is approved, the name will be reserved for a period of two months. The application will approve unless the name is: • Identical to a name reserved or registered for another corporation or a name already listed on the national business names register; or • Unsuitable for the reasons above. Using your ACN as a company name: If you prefer no name, you can nominate the CAN as the name For example, your company name would be known as “000 111 222 Pty Limited”. In this case you do not need to complete or lodge form 410 or nominate a name on form 201, simply tick the appropriate boxes on the form 201 as required. 2, Choose a “constitution” or “replaceable rules” A company’s internal management may be governed by either: • Provisions contained in the Corporations Law known as “Replaceable Rules”; • Or a Constitution (formerly Articles of Association); • Or a combination of both. Companies are not required to have a separate constitution (formerly Articles of Association). Companies can simply take advantage of the replaceable rules contained in the Corporations Law as a means of internal governance. A company will only need a constitution if it wants to displace, modify or add to replaceable rules. For the sake of simplicity in the future, Net Lawman recommends you do draw up a constitution as it ensures your company is governed by rules chosen by you and the shareholders and may save time in the future should you need to change the rules swiftly for whatever reason. Note: replaceable rules do not apply to a proprietary company while the same person is both its sole director and sole shareholder. Benefits of a constitution: A company’s constitution has the effect of a contract between the company and each member, between the company and each director and secretary, and between a member and each other member. If you choose a constitution come registration time, each person specified in the application must agree in writing to the terms of the constitution before the application is lodged. Simply – they sign the document. A company may modify or repeal its constitution by passing a special resolution, that is, a resolution passed by at least 75% of the votes cast by shareholders entitled to vote on the resolution. Replaceable Rules: A table of replaceable rules can be found in section 141 of the Corporations Act 2001. The table indicates the subject of the rule and the relevant section of the Corporations Law that covers each rule. We suggest you print the rules that are relevant to your company and distribute them to the members so that everyone knows what is expected of the company. 3. Consent from members, directors and secretaries: A proprietary company must appoint at least one director and one secretary both of who must live in Australia. Written consent is required for each person who agrees to become a director of a company. The same person may act as director and secretary. To be eligible for directorship, a person must not: • Be under 18 years old; • Be insolvent under administration; • Have been convicted of any serious offences as specified in the Corporations Act 2001; or • Be banned by a court or ASIC from managing a corporation. Note: the written consents are not lodged with the registration application. However, the applicant for the registration must have the relevant consents when the application is lodged with ASIC and must give the consents to the company after the company becomes registered. Consents must be kept with the company’s records and directors and members details must be kept and recorded with the register of members. 4. Complete and lodge the application form: Once the relevant consents have been obtained then you must complete and lodge ASIC form 201 – Application for registration as a company together with the prescribed fee, currently $720. Do not lodge the consents with ASIC. These must be kept with the company’s records. The completed ASIC form 201 can be lodged in person at any ASIC Business Centre. The ASIC form will require the applicant to state: • The proposed company name, or ACN number; • The class and type of company; • The registered office details; • The principal business office details; • Director(s) details; • Secretary details; • Member(s) details; and • Details of shares. The completed application form must be signed by the applicant who can be either an individual or company. Australian Company Number (ACN): When a company is registered with ASIC it obtains an Australian Company Number (or ACN). An ACN is a unique 9 digit number allocated by ASIC to each company. A proprietary company must also have the words “Pty Limited” as part of its name, which can be abbreviated to “Pty Ltd”. A proprietary company must legibly display its company name and its ACN on: • Every public document issued, signed, or published by or on behalf of the company; • Every negotiable instruments (for example cheques and promissory notes) signed by or on behalf of the company; • All documents lodged with ASIC; and • The common seal (if the company has a common seal). Registered office: As stated above, each company must have a registered office in Australia where communications can be sent and where the secretary or its agent is present. On registration the address specified in the application becomes the address of the registered office. A company must usually keep its company register at the registered office. Minutes of meeting: A company resolution is a formal expression of a decision made in a meeting of company directors or members. Resolutions and company meetings are recorded in the company register in the Minutes of Meeting. Share register: A company share register must be kept at the registered office. A share register must be kept for each shareholder of the company.(read entire article)(posted on: 2010-05-17)
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Enduring Powers Of Attorney In Australia    By: James Mark
What is an enduring power of attorney? An enduring power of attorney is a legal document which you can use to appoint a person to make decisions about your property or financial affairs should you lose mental capacity. The person who makes an enduring power of attorney is known as ‘the principal'. The person who you appoint to make decisions for you is known as ‘the attorney'. The general principles of Powers of Attorney are the same Australia wide. Different pieces of legislation govern the precise rules in each State, however, they are easily summarised in one article. Why make an enduring power of attorney: By making an enduring power of attorney, you are choosing who you want to manage your financial affairs should you lose the mental capacity to do this for yourself. If you do not have an enduring power of attorney and you lose mental capacity, there may be no one with legal authority to manage your financial affairs. This may mean that the Guardianship Tribunal or the Supreme Court will need to appoint a financial manager for you. This may or may not be the same person you might have appointed, had you chosen earlier. ‘General' power of attorney or ‘Enduring' power of attorney: A general power of attorney ceases to have effect after you lose the mental capacity to make financial decisions. It is most suitable where you may be away or unavailable for extended periods – for example, in hospital or on holiday. An enduring power of attorney will continue even after you lose mental capacity (for example, if you develop dementia, have a stroke or sustain a brain injury in a car accident). You can make an Enduring Power of Attorney at any time, in preparation for the future. Attorney’s control of decisions: The attorney can make decisions about your property or financial affairs. This means that they can operate your bank accounts, pay your bills, and sell or buy property (such as your house or shares) on your behalf. An enduring power of attorney cannot be used to make medical or lifestyle decisions for you. However, you can appoint an enduring guardian to make these decisions. The Guardianship Office in your State can give you information about enduring guardianship. Am I eligible to make an EPoA? Anyone can make an enduring power of attorney if they have the mental capacity to understand the nature and effect of the power of attorney. People of any age (not just older people) can make an enduring power of attorney. It acts as a safeguard. Capacity required: To make a valid enduring power of attorney, the person making it must have mental capacity when they sign the document. At that time, the person must be capable of understanding the nature and effect of the enduring power of attorney. They must be capable of understanding the range of decisions which the attorney can make on their behalf. They should also understand that the attorney can make decisions without consulting them. If it is not clear if a person has the required mental capacity to make an enduring power of attorney, it is best to seek advice from a GP or specialist (such as a neuropsychologist or geriatrician) before the enduring power of attorney is made. Choice of attorney: An attorney can have enormous power over your financial affairs. You should choose an attorney whom you trust and who will manage your finances in a responsible way. If your financial affairs are complicated, you should appoint an attorney who has the skills to deal with complex financial arrangements. You may wish to appoint a family member or a close friend as your attorney. You can also appoint the Public Trustee or a trustee company but fees will apply. You should contact these organisations for more information. Be careful however – if you choose someone the same age as you, there is a higher chance of them becoming incapable soon after you, than if you appoint someone much younger. You can appoint more than one attorney. When appointing more than one attorney, you should choose people who can cooperate with each other and who you trust to work together in your best interests. You can appoint your attorneys to act: • jointly and severally (this means that the attorneys can make decisions together or separately), • severally (this means that any one of the attorneys can make decisions independently of the other attorneys), • jointly (the attorneys must agree on all decisions). What if one of my attorneys dies or cannot continue for some reason? Your power of attorney may be affected if one of your attorneys dies or cannot continue in their role. This depends on how you appointed the attorneys. If you appointed them to act jointly and one of them is no longer willing or able to carry out their duties, then this will automatically end the enduring power of attorney. However, if you appointed your attorneys to act jointly and severally or severally then the enduring power of attorney will continue, even when one of them can no longer act. The remaining attorneys can keep making decisions for you. Attorney’s powers: You can give your attorney the power to make any decision or do anything about your finances or property which you could do yourself. These broad powers include selling, buying or leasing property (such as your house), making investments, accessing cash (including bank accounts) and buying or selling shares. You can control the power you give to the attorney by placing limits or conditions in the enduring power of attorney. For example, you can give the attorney limited authority to do specific tasks, such as paying regular bills but not selling property. If you wish to limit your attorney's powers you should seek legal advice about the best way to do this. Duties and responsibilities of an attorney: An attorney is in an important position of trust. The attorney is legally responsible to you and must: • always act only in your best interests; • avoid doing anything as an attorney which would mean that their interests conflict with your interests; • obey your instructions while you are mentally capable and any directions you make in the enduring power of attorney; • act according to any limits or conditions placed on their authority; • not give gifts or give themselves or others a benefit using your finances unless you specifically authorise this; • keep their finances and money separate from yours; • keep accurate and proper records of their dealings with your finances or property. If your attorney abuses their position of trust, legal action can be taken to protect your interests. When does an enduring power of attorney start? You can choose when you would like your enduring power of attorney to start. You may want the enduring power of attorney to start immediately after you appoint the attorney or at some future date. When you make an enduring power of attorney, you should make it clear when you want it to start. If you do not make this clear, then the enduring power of attorney will start when the attorney accepts the appointment by signing the enduring power of attorney. When does an enduring power of attorney end? An enduring power of attorney ends: • when you revoke it (so long as you have mental capacity at that time); • on your death; • when you have only appointed one attorney and that attorney dies or can no longer act as your attorney; • When you have appointed two or more attorneys to act jointly and one of them dies or can no longer act as your attorney. The enduring power of attorney may also end for more complex legal reasons such as bankruptcy. You should seek legal advice about these matters. If your enduring power of attorney has ended and you no longer have the mental capacity to make a new one, the Guardianship Tribunal may be able to make orders so the enduring power of attorney can continue. For example, if your enduring power of attorney has ended because a jointly appointed attorney has died, the Tribunal has the power to reinstate the enduring power of attorney so that it can continue in your best interests. How do I make an enduring power of attorney? Net Lawman supply forms for every state. Witnesses: An enduring power of attorney must include a witness's certificate completed and signed by an appropriate witness. The witness must be present when you sign your enduring power of attorney. The only witnesses who can witness your signature on an enduring power of attorney and complete the certificate are: • an Australian solicitor or barrister • a registrar of a state Local Court • a licensed conveyance or an employee of the Public Trustee/private trustee company who has completed an approved course • A qualified overseas lawyer. Your enduring power of attorney cannot be witnessed by someone who you are also appointing as your attorney (for example if you are appointing your solicitor as your attorney then he or she cannot also be your witness). Registration: If your attorney needs to use the enduring power of attorney to deal with any real estate you own in your state, then, in most cases, the enduring power of attorney must be registered with Land and Property Services. There is a fee charged for registering an enduring power of attorney. Even if there is no requirement to register the enduring power of attorney, you may choose to do so because that means the enduring power of attorney: • will be on record as a public document; • will be kept safe from loss or destruction; • May be more easily accepted as evidence that your attorney has authority to deal with your property or financial affairs. After registration, your original enduring power of attorney will be returned to you with a registration number stamped on it. Your attorney should use this number when signing any documents on your behalf. Revocation: You can revoke your enduring power of attorney at any time so long as you have mental capacity to understand what you are doing when you revoke it. You should notify the attorney(s) that you have revoked the enduring power of attorney either by telling them or in writing. It is clearer for everyone if you revoke the enduring power of attorney in writing, especially if it is registered at Land and Property Services office. If you do not tell the attorney about the revocation, the attorney can keep dealing with your finances and property. After revocation, you should destroy the original and any copies of the enduring power of attorney. You can purchase a deed of revocation from Net Lawman. Can an interstate enduring power of attorney be used in another state? Yes. If an enduring power of attorney was made in another Australian state or territory then it is generally automatically recognised in any other state. This does not apply to enduring powers of attorney which are made overseas. What is the Guardianship Tribunal's role in relation to enduring powers of attorney? If there is a problem with how the enduring power of attorney is working, an application can be made to the Guardianship Tribunal or the Supreme Court for a review of the enduring power of attorney. The Guardianship Tribunal and the Supreme Court have the power to make a wide range of orders about enduring powers of attorney. For example, the Guardianship Tribunal could order the replacement of an appointed attorney if it was satisfied the attorney is not acting in the best interests of the person who appointed them. You should seek legal advice if you are considering this and explore other options of resolving the problem. You can also contact the Guardianship Tribunal for information and brochures about reviews of enduring powers of attorney. After the form is completed there is no requirement to formally lodge it anywhere unless the attorney needs to deal with land. Keep the completed appointment form in a safe place. Tell someone else where it is. Give a copy to your appointed attorney(s).(read entire article)(posted on: 2010-05-17)
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Statutory Demand Procedure    By: James Mark
Does a company owe you money? The first thing to do is write them a Letter of Demand requesting payment. If your letter is ignored or your demand refuted, you then have the option of taking the party to court. This is done by filing a Summons (or Statement of Claim or Statutory Demand) in the relevant court. It is very important to word a Letter of Demand correctly to ensure that it is descriptive, effective and 'technically' acceptable by the court. However, by including a Summons with your Letter of Demand, you will let them know that you are serious about your claim and that you are prepared to take the matter to court if they don't do as you ask. There is nothing, but nothing that concentrates someone’s mind more than prospective wipe out. Of course, if you have done your homework, you never need to issue the petition. The reason why a Letter of Demand is so powerful is that the mere issue of a summons, no matter how easily dismissed triggers a domino effect on borrowing and many other agreements. The usual words in any legal agreement, which entitles a party to avoid the agreement often, refer to the issue of a summons rather than an order for winding up. So your enthusiastic debt collection really could wipe out the largest of companies. It used to be difficult for a third party to know about your summons. The Internet has changed all that. If you publish a copy of a summons in the right place, and tell a few banks for good measure, you are spelling disaster for someone. The law assumes that a Letter of Demand merely paves the way for a summons. But it can be an incredibly powerful debt-collecting device without you even setting eyes on a summons. What is more, the procedure is very easy to follow. All you need are a couple of forms and a stamp; no solicitors, no court fees. What is a Summons / Statutory Demand? Section 9 of the Corporations Law defines a Statutory Demand as: • A document that is or purports to be a demand served under Section 459E of the Corporations Law; • Section 459E provides that a creditor may serve on a company a statutory demand for a single debt that is due and payable by the company to the creditor or two (2) or more debts due and payable by the company, the total of which must exceed $2,000. When can I use a Statutory Demand? • After you have obtained default judgment; or, • Before you commence proceedings by way of Statement of Liquidated Claim. NB: Only use Statutory Demand to commence proceedings where you are ABSOLUTELY SURE that there is NO possibility of a dispute of whether the debtor owes you the money. What must a Statutory Demand show? • Specify the debt and its amount or if there is more than one debt, the total amount of all debts. • It must relate to a debt or debts which are due and payable at the date of the demand. NB: They cannot relate to contingent, prospective liabilities or un-liquidated damages: • It must demand the company to pay the amount of the debt or total amount of debts within twenty one (21) days after the demand is served or secure the payment of the debt or debts within a reasonable time. • It must be in writing; • It must be in the prescribed form; • It must be signed by the creditor or on behalf of the creditor How to avoid the traps • Be careful of the manner in which you stipulate the amount of the debt, in particular the way interest is claimed; • you must state in paragraph (1) of the form the amount of the debt and the interest due as at the date of the Statutory Demand in one figure; • The Court will declare a Statutory Demand as defective, if you state the amount as follows: • ""$179,722.73 together with interest from 11 March 1993 to date and continuing • being the amount of the debt in the Schedule.""; • Where there are two or more debts, the Court are undecided if a total amount of the individual debts should be specified. You should identify each individual debt and its amount and the total of the debts be inserted into the Statutory Demand to eliminate the possibility of challenge; • Form 509H must be signed by the Creditor and/or the Creditor's solicitor; • A Statutory Demand must be accompanied by an Affidavit Supporting Statutory Demand where there is no judgment. Avoid Affidavit traps • Supply the correct information required on the Affidavit; • Make sure you swear it correctly; • The existence of a dispute will result in the Statutory Demand being set aside. • The Affidavit not in the prescribed form: Form 154FA; • It must refer to the parties as debtor or creditor; • It must contain important Notice on the bottom of Affidavit; • It must not have a Court proceedings title or number. (This is because Court proceedings have not been commenced yet.). Service of a Statutory Demand • The Statutory Demand must be served on the registered office of the company (you must do an Australian Securities Commission's Search); • You cannot serve a Statutory Demand on a foreign company as separate procedures are in place to wind up foreign companies. Why do creditors not use it more often? The procedure is steeped in history. Even the name is enough to put off a layman. People assume they need a solicitor: • The requirements for a statutory demand are set by statute and they have to be followed carefully, however, they are not complicated; • There is a small fee on a summons and you may not issue for a debt of less than $2,000, so don't issue a statutory demand for a small sum. Although you hope you will never need to issue a petition, if you chase a small sum, the statutory demand is toothless, for your debtor knows you cannot take the procedure further. Furthermore, he may calculate that you are unlikely to throw good money after bad if the debt is not a million miles from the cost; • Your creditor has to have the money; • You cannot threaten to wipe out then expect your customer to come back tomorrow to buy more of your goods or services. Of course, the same applies to a court claim; • If you get it wrong, it may be you who are wiped out! When do you use a statutory demand? Use it when: • You are chasing more than $2,000; • You are absolutely certain that they owe you the money - every penny of it and the debt is crystallized. That means you do not need to ask a judge to calculate how much money is due to you; • Your debtor has the money; • You calculate that your debtor will pay rather than risk your issuing a petition. This depends of course on his perception of you; • You are prepared to follow up by issuing a petition. You hope that might never be necessary. But, as in any litigation, hesitation comes through in your tactics. You lose the impact completely if you are seen to be bluffing. Corporate debtor • The statutory demand must state the amount of the debt and the consideration for it (or, if there is no consideration, the way in which it arises); • Any charge by way of interest not previously notified to the company as included in its liability, or; • Any other charge accruing from time to time; • If the amount claimed in the demand includes: The amount or rate of the charge must be separately identified, and the ground on which payment of it is claimed must be stated. In either case the amount claimed must be limited to that which has accrued due at the date of the demand. Proof of service of statutory demand: • Where the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit [or affidavits] proving service of the demand; • The affidavit must have exhibited (attached) to it a copy of the demand as served; • Subject to the next paragraph, if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service; • If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be exhibited to the affidavit; • The steps of which particulars are given for the above purposes must be such as would have sufficed to justify an order for substituted service of a petition; • If the affidavit specifies a date for the purposes of compliance with sub paragraph (c), above, then unless the court otherwise orders, that date is deemed for the purposes of the Rules to have been the date on which the statutory demand was served on the debtor. Conclusion provided you are certain that the debt is contractually due and your debtor has the money, go for it. A statutory demand works best with people who do have money and reputation but are simply too arrogant or autocratic or bureaucratic to pay you. Use it against major plcs or someone with a reputation to protect, where they simply cannot afford even to consider whether you are serious. You will be happily surprised how quickly a cheque arrives on your doormat.(read entire article)(posted on: 2010-05-17)
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Australian Workplace Agreements - Younger Employees    By: James Mark
Introduction: This article will be useful reading for all employers of younger workers as well as parents / guardians of such employees and the employees themselves. Australian Workplace Agreements are in force for an ever increasing number of individuals. While the employer can choose to opt out of a workplace agreement, and simply choose a general agreement, governed by common law principles rather than statue, many do not. There are special rules for employing younger employees on AWAs. This article explains the law so you stay the right side of it. Written adult consent: Just like any contract, signing it means accepting the terms within in. However, if the employee is under 18 years of age, his or her AWA must also be countersigned by an appropriate person (such as a parent or guardian – of course this can’t be the employer who is party to the AWA). If the AWA is not countersigned by an appropriate adult, the requirements for approval will not have been met. This has the effect of there being no contract. Bargaining agents: Any employee is able to appoint a bargaining agent to help them to negotiate an AWA. Of course the younger the employee, the more sensible it is to appoint a bargaining agent. Anyone may be a bargaining agent as long as they meet certain requirements which are that they must not be: • Under 18 years of age; • Acting for the other party to the AWA; • Bankrupt; or • Convicted of certain criminal offences. Thus, the bargaining agent could be a parent, family member, friend, trade union representative or any other person. To be a valid agent, the employee must appoint the bargaining agent in writing and give a copy of the appointment document to the employer before agreement negotiations begin. Of course while a bargaining agent may be useful, it is unlikely that a contract for an under 18 will be significantly complex enough to warrant calculated negotiations on behalf of either party, however, it is useful for the younger employee if the bargaining agent thoroughly reads through the contract to ensure that all the terms seem fair and reasonable. An employee cannot be sacked for refusing to negotiate, make, sign, extend, vary or terminate an AWA. Unlawful termination: The unlawful termination provisions of the Workplace Relations Act prohibit dismissal on a range of grounds including age. Thus, an employee cannot be dismissed because the employer thinks they are too young (or too old). Unlawful termination (which is different from unfair dismissal) applies to all employees in Australia, irrespective of the size and type of the business. Remuneration for younger employees: The Australian Fair Pay Commission (Fair Pay Commission) is responsible for setting and adjusting minimum wages, including minimum wages for juniors. The Fair Pay Commission must have regard to ensuring that junior employees are ‘competitive in the labour market’ when setting and adjusting their minimum wages. The Fair Pay Commission will also be able to determine one or more special Federal Minimum Wages (special FMWs) for particular groups of junior employees. As the rates change annually, we have not specified them here. Assistance: The Office of the Employment Advocate (OEA) provides a free service for employees to explain the contents of workplace agreements and AWAs. The OEA takes into account the circumstances of the particular employees, thus, if they are young, they will explain the terms of the AWA so that the employee can easily understand their responsibilities and rights.(read entire article)(posted on: 2010-05-17)
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