You Legal Sound Bites: September 2018

#1 ASIC Sets Up Australian Financial Complaints Authority:

After the fallout from the Financial Services Royal Commission, ASIC established the Australian Financial Complaints Authority. To commence on 1 November 2018, the ACFA will provide free and binding dispute resolution to consumers and small businesses. Financial firms required to be members must have signed up by 21 September. The onus will be on member organisations to advise clients and customers that they can now bring a complaint to the AFCA. 

#2 Government Introduces Pilot Global Talent Scheme:

From 1 July 2018, employers may be able to fill highly-skilled positions using overseas talent. The main driver is to support business innovation using specialised workers who will help to grow the business and create more jobs. Any application under this scheme must demonstrate:

• The position cannot be filled by an Australian

• Or via any other Visa program

More information on Visas for Innovation can be found here. If eligible this can be a great mechanism for Australian businesses to use overseas talent to increase their depth of learning and knowledge. 

#3 If You Have Casual Employees, You Need to Read This:

A recent case before the Full Court of the Federal Court of Australia found that where casual employees work regular and predictable hours, they are entitled to the same statutory entitlements as permanent employees irrespective of official work status. Essentially, this means that just because you as an employer may define an employee as "casual", the law may now not see it that way. In order to be considered a casual, an employee must have “no firm advance commitment” as to the duration of their employment, or the hours and days worked. You can read the full story from the AFR here. If you have any questions as to how the above changes may impact your business, feel free to contact us.