Welcome to 2020 and what promises to be another exciting year in the legal world!

To help prepare you for 2020 we succinctly detail in this edition current topical legal matters and those we believe are on the horizon for the year ahead. As always, we invite you to contact our Employment & Workplace Law Team using the contact details further below if you require any assistance or further advice regarding the issues raised and action items arising.

The Headlines

Headlining this years annual legal update are issues relating to:

• updated modern awards commencing from 4 February 2020
• the upcoming overhaul to ‘annualised salary’ terms in modern awards
• the requirement that all public and large proprietary companies implement a compliant whistleblower policy by 1 January 2020
• the ongoing legal dispute over the calculation of personal leave for employees with irregular roster hours
• the Commonwealth Government’s proposed religious discrimination/freedom legislation

The Takeaway

With some of the changes already operational and others soon to commence, now is the time to be proactive to ensure compliance and reduce the risk of adverse consequences arising such as fines, underpayments and back-pay claims, Ombudsman investigations, civil and criminal prosecutions, negative publicity, disputes with employees and personal liability for individuals involved in the contravention!

MODERN AWARDS – New Awards commencing from 4 February 2020

Since 2014 the Fair Work Commission has been undertaking a ‘four-yearly review’ of all modern awards, during which the Commission has clarified how some modern award clauses operate and made numerous changes.

Now the time has come for the new modern awards to be released in three tranches, the first of which commence in the first full pay period on or after 4 February 2020.  READ MORE>

ANNUALISED SALARIES – Changes to burden employers

The Fair Work Commission has turned its focus to the disparate ‘annualised salary’ provisions found within various modern awards and with the inherent lack of employee wage safeguards being a key driver for change, the Commission has created new rules that govern same.

Presently 21 modern awards will be varied to incorporate a model annualised salary term.  READ MORE>

WHISTLEBLOWER POLICIES – MUST be in place by 1 January 2020

From 1 January 2020, all public and large proprietary companies must have in place a whistleblower policy which meets all mandatory statutory requirements.  READ MORE> 

COURT CASES – Personal leave calculation decision off to the High Court

2020 may see a fundamental shift in how personal leave is accrued and paid following a controversial Federal Court decision relating to the calculation of leave for employees with non-standard rostered hours.  READ MORE>

NEW LAWS - Religious discrimination legislation on track to be introduced in 2020

The Federal Government is on track to introduce religious discrimination legislation in 2020, with a second exposure draft of its Religious Discrimination Bill introduced in parliament in late December 2019.

The Bill adopts the general objects, protections and prohibitions contained in similar Federal anti-discrimination laws such as the Age Discrimination Act, Disability Discrimination Act and Sex Discrimination Act, with some alterations to reflect the distinct nature of ‘religious belief or activity’ as a protected attribute.  READ MORE> 

More Information and Contacts

As this is intended as a brief synopsis only, we would be pleased to discuss with you any questions arising and provide such other advice or assistance as you may require. In that respect, please contact a member of our Employment & Workplace Law Team including:

Stewart Gough E: stewartg@matthewsfolbigg.com.au P: 9806 7483

Peter Doughman E: pdoughman@matthewsfolbigg.com.au P: 9806 7412

Best wishes for 2020.

Stewart Gough, Principal

Children’s Medical Research Institute thanks and congratulates the NSW Government for its vision in announcing $25 million in funding for a new advanced viral vector manufacturing facility at Westmead, to produce specialised gene therapy tools at clinical grade.

This investment reaffirms the NSW Government’s commitment to world-leading research conducted at the Westmead Precinct, and most importantly, toward transforming children’s lives.

Almost 25 years ago, Children’s Medical Research Institute teamed up with The Children’s Hospital at Westmead to establish a gene therapy research program. This long-term investment in research has helped to put NSW in the position where it can now create a facility to manufacture clinical-grade vectors for gene therapy applications in paediatric and adult patients.

A vector is a microscopic tool used to deliver healthy copies of genes to tissues and organs within patients or deliver the ability to correct the genetic error at its source. While the technology is moving rapidly, production of vectors is not.

NSW, and in particular the Westmead precinct, is already at the forefront of international gene therapy research. The aim of this project is to speed up research and translate it into cures for serious genetic diseases affecting children.

One facility can produce vector to treat illnesses impacting everything from those with life-threatening liver disease to children going blind, but it can be extremely costly to get it to Australia and the waiting list is long.

Professor Ian Alexander, Head of the Gene Therapy Research Unit at Children’s Medical Research Institute, a senior clinician at The Children’s Hospital at Westmead and Professor of Paediatric and Molecular Medicine at the University of Sydney said the manufacturing facility would be a boost to translation of academic research in NSW and across Australia.

“We see it as the beginning of something much greater,” he said. “It is about moving technology into the clinic, which, in future, will benefit many more patients by offering new and better treatment opportunities. This technology could translate into saving the lives of infants with life-threatening conditions.’’

Dr Leszek Lisowski heads the Translational Vectorology Group at CMRI and is Conjoint Senior Lecturer at the University of Sydney. His team will play a key role in the new facility through training of staff and developing the manufacturing processes that will underpin operations. In addition, his team specializes in the development of novel vectors optimised for clinical applications targeting liver, eye and many other clinically important organs and tissues.

Dr Lisowski said that this new facility will allow Australian investigators to get around the “bottleneck’’ of getting vectors from overseas.

“The biggest bottleneck that slows down translation of gene therapy tools to the patient is a global lack of vector manufacturing capacity, which significantly extends the timeline and increases the cost of translational studies.”

“This facility will give Australian researchers prioritised and cost-effective access to clinical gene therapy reagents and will facilitate translation of a large number of exciting preclinical programs from bench to bedside.”

The team at Children’s Medical Research Institute is excited by this vital investment and looks forward to partnering with government and other funders to enable the facility to achieve its full potential.

The New South Wales, Victorian and South Australian governments have announced a range of tax relief measures for individuals and businesses directly affected by bushfires.

These measures include:

• Stamp duty relief for the purchase of replacement homes and motor vehicles,
• Land tax relief for land in affected areas, and
• Payroll tax relief for employers located in affected areas, or whose employees are involved in bushfire-fighting efforts.

Click here to read Pitcher Partners full article for information about the state-specific support.

For further information please contact your Pitcher Partners representative.

Contact

Howard Badger | Partner | Tax Consulting

E: howard.badger@pitcher.com.au     P: 02 8236 7718

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City of Parramatta has partnered with Localised to build a local business platform to promote and support business activity across Parramatta. They want to keep more business-to-business dollars in the local community.

It's just in the launch phase and the City of Parramatta need your help. By joining for free and creating content in Localised, you will get a lot of exposure to all businesses in Parramatta. Free to all businesses, expand awareness of your business and improve your Google search results.

All you need to start is to click here and have your profile photos, logos, website and business details ready.

For further information on how to sign up please contact the City of Parramatta Economic Development Team at:

E: economicdevelopment@cityofparramatta.nsw.gov.au

With the help of Macquarie’s senior economist, Justin Fabo we look at how Australia’s property market performed in 2019 and the key factors that will drive the property market in 2020. An insightful read for first time buyers to experienced property investors.

Click here to read more

Macquarie has been providing Business Banking solutions for over 30 years and provides SME clients with tools and strategies to grow and develop their business. You can get regular updates by subscribing to the monthly newsletter, Strictly Business by visiting macquarie.com.au/businessbanking. If you would like to find out more about how Macquarie can support you to take your business further, call Sam McCarthy at our Parramatta office on 0417 518 724 and be connected with one of our banking specialists.

This information has been prepared by Macquarie Bank Limited ABN 46 008 583 542 AFSL and Australian Credit Licence 237502 (“Macquarie”) for general information purposes only. This information does not constitute advice. Opinions expressed are subject to change without notice. No member of Macquarie accepts any liability whatsoever for any direct, indirect, consequential or other loss arising from any use of this information.

City of Parramatta Council has appointed Australian company Built to construct 5 Parramatta Square – the City’s new civic, cultural and community building – following a rigorous 12-month selection process.

“We are thrilled to be appointing Built to deliver 5 Parramatta Square, the jewel in the crown of the world-class Parramatta Square precinct,” City of Parramatta Lord Mayor Cr Bob Dwyer said.

“The site of 5 Parramatta Square is challenging and Built has come up with innovative ideas for constructing a multipurpose building with a unique facade. The company is already delivering 6 & 8 Parramatta Square, part of Australia’s largest urban regeneration project.”

Construction of 5 Parramatta Square, which will be integrated into a refurbished Parramatta Town Hall, is expected to begin in the coming months.

The six-storey building will be dedicated to the community, offering a contemporary public library, a Discovery Centre with exhibition spaces and visitor services, creative spaces and meeting rooms, and a café. It will also be home to the new Council Chambers.

The $130 million structure is the final addition to the new Parramatta Square precinct, a three-hectare mixed-use area in the centre of Parramatta CBD. Located next to Parramatta train station and a future light rail stop on Macquarie Street, the precinct includes 6,000sqm of public domain.

Council anticipates that construction of 5 Parramatta Square will be complete in April 2022, to coincide with the completion of the remaining Parramatta Square precinct.

Hold a residential conference at PARKROYAL Parramatta by the end of May 2020 and they will throw in a $500 visa gift card – that’s the PARKROYAL way of saying thank you!

Click here for more information or to book. 

Terms and conditions apply:

• Valid for meetings held before 31 May 2020 with a minimum of 20 delegates
• Subject to availability
• Not valid for existing bookings 
• Cannot be combined with any other promotions
• Minimum spend of $5,000.00 per day applies, excluding audio visual

Celebrity – Fashion – Glamour – Racing – and a great cause!

Fizz with excitement at the inaugural Pink Fashion Lunch in support of the McGrath Foundation; the feature social event on Chandon Ladies Day on Saturday 14 March at Rosehill Gardens.

You will be treated to award-winning hospitality with a mouth-watering 3 course luncheon curated by celebrity chef Colin Fassnidge paired with Chandon Brut Rosé. Experience an afternoon of live entertainment including a runway show featuring the latest looks in women’s and men’s raceday fashion set against the backdrop of world-class racing.

Be a part of this unrivalled event and lend your support to a great cause.

Includes:

A sumptuous 3-course luncheon curated by Colin Fassnidge, with premium beverages including Chandon Brut Rosé, live entertainment including a fashion runway show set against the backdrop of world class racing.

When:

Chandon Ladies Day - Saturday, 14 March 2020

Where:

Grand Pavilion, Rosehill Gardens

Time:

12.45pm – 5.45pm

Dress code:

Autumn racing chic, with a splash of pink

Tickets:

$245 per person

Book:

Click here to book now 

Looking for a venue to host your Executive Committee meeting?

The Execom Package is the perfect option to cater to your teams VIP requirements.

Treat your guests with barista coffee served on arrival, coffee break items throughout the day and a delicious main course served in The Newmarket Room.

All boardrooms have in built plasma screens and sound systems ideal for presentations.

At $85.00pp the Execom package offers a full day of catering and a unique, luxury boardroom experience.

Execom bookings are valid for up to 15 guests, hosted in a Gallery Suite or private Pavilion.

To book call The William Inglis Conference Team today:

P: 02 9058 0365

E: HB042-EV1@accor.com

The first sod has been turned for major construction today for the Parramatta Light Rail project, which will transform the Greater Parramatta region.

The Parramatta Light Rail will bring people living in Greater Parramatta together with a safe and efficient public transport network, connections to popular key destinations across the region, while also linking into Sydney’s greater public transport networks.

Some works have already begun with the decommissioning of the closed Carlingford rail line, in preparation for its conversion to light rail.

Transport for NSW is working hard to minimise the impacts of construction on businesses and the local community. While some disruption is unavoidable, Transport for NSW will continue working with businesses to ensure they have the information and support they need. Construction will also pause from 1 November until 31 January each year along ‘Eat Street’ to allow businesses to take advantage of the holiday trading period.

From this Saturday, 1 February, Church Street between Macquarie and Market Streets will be closed to traffic, with diversions in place. Motorists will be encouraged to use Marsden and Smith Streets. The free 900 shuttle bus service will also run on a new route along George Street in the Parramatta CBD.

The new 12-kilometre high-frequency light rail project will connect Westmead to Carlingford via the Parramatta CBD and Camellia, and is set to open in 2023.

For more information, go to the Parramatta Light Rail website.