Logie-Smith Lanyon LOGIE-SMITH LANYON QUARTERLY Newsletter Issue 3 2008 Getting the right advice pays dividends Logie-Smith Lanyon partner Bryce Anderson has provided legal services on a range of property-related matters to prominent Melbourne-based developer Deal Corporation for more than 10 years. “During that time we have been involved in projects of varying types and sizes but have never been involved in court proceedings or faced any significant legal issues, which speaks volumes for Bryce’s understanding of this specialised area of law,” said Deal Corporation’s development director Michael Cornwell. Bryce will also play a pivotal role in Deal Corporation’s “Aura”, a 27-level development incorporating a hotel with nine levels of serviced apartments and 108 one, two and three-bedroom boutique apartments. Located at 532 to 536 Flinders Street, the distinctive contemporary structure includes basement plus level two and three car parking, ground floor reception and retail facilities, first-floor conference facility and a two-level wine bar and restaurant with sweeping views of the Yarra River and Melbourne’s city skyline at levels 24 and 25. Work on the $100 million development - designed by architects Hayball Pty Ltd - is scheduled to commence with the demolition of existing buildings on the site early next year. Construction is expected to begin during the first quarter of 2009 and take about two years to complete. “The project has attracted a lot of interest with almost half of the 108 OYO apartments sold at this early stage.” Established more than 20 years ago, Deal Corporation is a property development company that is dedicated to creating mutually rewarding and lasting relationships with investors and strategic partners. Deal Corporation is highly regarded in the industry and has more than 50 successful projects to its credit including a number of Melbourne’s best-known landmarks. Level 13, 575 Bourke Street Melbourne Australia 3000 T+61 3 9620 0700 F+61 3 9620 0711 www.logielaw.com PRINTED ON RECYCLED PAPER Federal Minimum Wage and Australian Pay and Classification Scales Increase A reminder to all employers that the decision of the Australian Fair every letter of response that is denying a request for flexible working Pay Commission (made in July this year) to increase wages takes arrangement is written with precise clarity as to why the denial is effect as from 1 October 2008. From 1 October 2008, the Federal warranted. To this end, managers responsible for such matters Minimum Wage will increase to $14.31 per hour or $543.78 per should receive training prior to commencement of the NE Standards week (based on a 38 hour week). This amounts to an increase of to avoid penalties for non-compliance. $21.66 per week. The Fair Pay Commission has also ordered a corresponding increase to the rates of pay for adult worker who Parental leave are covered by the Australian Pay and Classification Pay Scales. Under the NE Standards, an employee who has been employed with The increase for these workers is also $21.66 per week ($0.57 an employer for at least 12 months, will be entitled to 12 month’s per hour). The changes will also impact the rates of pay for junior unpaid parental leave in relation to the birth or adoption of a child. employees, trainees, employees with a disability, casuals and piece Concurrent parental leave (that is, the amount of leave that can be rate employees. taken by both parents at the same time, immediately after the birth Therefore, all employers with employees on the Federal Minimum or adoption of a child) will be extended from one to three weeks. Wage or Australian Pay and Classification Pay Scales are affected Each parent is entitled to 12 months of unpaid parental leave (taken by the changes and will need to ensure their payrolls are adjusted to consecutively, not jointly, except for the first three week period take into account the increases. after the birth / adoption). If one parent elects not to take his or her entitlement, the other parent has the right to request an additional 12 The 10 National Employment Standards months leave. This request, as for the flexible working arrangements, may only be refused on reasonable business grounds. As of 1 January 2010 the Federal Government’s National Employment Standards (“NE Standards”) will come into effect, and Redundancy entitlements will replace the existing entitlements contained in the Australian Under the NE Standards, for the first time, all Australian employees Fair Pay and Conditions Standard. All employers will need to be covered by the Workplace Relations Act will have a federal legislative conscious of the implications of the following minimum entitlements entitlement to a redundancy payment in the event that their position applying to all employees under the NE Standards: is made redundant. This will be in addition to any notice or payment • M aximum weekly hours of work (being 38 plus reasonable in lieu of notice that an employee may be entitled to receive. additional hours); It is recommended that businesses start thinking now about what • The right to request flexible working arrangements; procedures need to be implemented to ensure compliance with the • Parental leave and related entitlements; NE Standards, including whether standard contracts of employment • Annual leave; should be amended (particularly in relation to new employees). Educating the key personnel in the requirements of the NE • Personal/Carer’s leave and compassionate leave; Standards is an important first step which Logie-Smith Lanyon can • Community service leave; assist you with through upcoming seminars. Please contact us for • Long service leave; further information. • Public holidays; • • Notice of termination and redundancy pay; and rovision of a Fair Work Information Statement, which details P Our new website by the rights and entitlements of employees under the new system and how to seek assistance. Auscomp While a number of employee entitlements under the NE Standards Logie-Smith Lanyon’s new website - which was launched on 10 are similar to the entitlements which currently apply to employees October - was developed by Auscomp, a leading international under the Australian Fair Pay and Commissions Standard - such software solution provider specialising in the development of as maximum hours of work and annual leave - there are a number high-value software applications for web, desktop and hand-held of significant differences. In particular, the right to request platforms. Established more than a decade ago, Tasmanian-based flexible working arrangements, the changes to parental leave, and Auscomp understands all facets of IT and is focused on meeting its redundancy entitlements. clients’ business needs in every respect. “We employ development Request for flexible working arrangements methods that engage our clients every step of the way and are proud of our record for consistently delivering projects on time and within Employees who have been employed for at least 12 months and budget,” Auscomp CEO Guenther Draschkowitz said. Not prepared to have a child under school age may make a request for flexible rest on its laurels, Auscomp continuously expands its range of flexible working arrangements. This many include a request for a reduction and customised mass-market products, solutions and services. Sold in hours of work, changes to starting or finishing time, working from in over 100 countries, Auscomp products and technologies are used home or commencing job sharing arrangements. by more than 8,000 customers around the world including BHP, An employer must respond to an employee’s request in writing Lockheed Martin (a client of Logie-Smith Lanyon), Boeing, Lufthansa within 21 days and may only refuse the request on “reasonable and BMW. “We were delighted to work with Logie-Smith Lanyon and business grounds”. The term “reasonable business grounds” has have developed a website together that we believe to be user-friendly, not been defined and therefore employers need to make sure that functional and the equal of any in Australia,” added Guenther. Newsletter Issue 3 2008 p.2 Senior appointment A leader in the Hyder Gulam Associate hospitality industry Logie-Smith Lanyon’s client Bar in Freshwater Place Australian Pacific Hospitality Southbank . In November Logie-Smith Lanyon is phase of his career. “For Management (APHM) is an the company will take over delighted to announce the some time friends had been established company with a the Aqua Restaurant and Bar appointment of Hyder Gulam advising me to leave the successful track record and and the Convention Centre FRNCA who joined the comfort zone of the military a reputation as an industry at Cumberland Resort in firm on 1 September as an fearing I would regret not leader in the management of Lorne as well as Balsamic Bar associate. His background moving across to the business hospitality venues. Current and Restaurant in Eastland in international law, defence world later on in life, so I directors David Turner and Shopping Centre. It will also and government practice, joined Baker and McKenzie David Ribarits have both commence refurbishing the and knowledge of - and in Riyadh, Saudi Arabia as been involved in the business currently vacant Campari contacts within - the Islamic an associate.” Hyder said. At for more than a decade Restaurant in Hardware Lane community will be invaluable Baker and McKenzie Hyder and assumed ownership of Melbourne and redevelop the to Logie-Smith Layon and its was responsible for drafting the company in 2006. The Wayside Inn Hotel, City Road clients. Hyder, who was born contracts and agreements, company’s services include South Melbourne. In addition in Singapore and emigrated providing legal advice on a day-to-day management to its two hands-on directors, to Australia with his family range of matters including of venues, establishing APHM’s management team when he was seven years old, doing business with Saudi business structures, project includes a financial controller, completed an Arts Degree Arabia and the Middle East management, feasibility accountants, a food and at Swinburne University of generally, drafting legal studies, competitor analysis, beverage manager, marketing Technology in 1995, then the comment on government the development of business manager and administrative following year graduated as a policy and due diligence on and marketing plans and staff. Commenting on his Bachelor of Nursing at Deakin public offerings. At Logie- sourcing investors for viable company’s association with University and took up a Smith Lanyon Hyder will be projects. Venues managed Logie-Smith Lanyon APHM position at the Royal Childrens working closely with Andrew by APHM include the director David Turner said, Hospital. Three years later Logie-Smith on a broad range Dandenong Club, the Lakes “In today’s complex regulatory he completed his LLB at La of defence-related matters. Entrance Entertainment environment it’s a case of Trobe University and, after In addition to his legal duties Centre, Nagambie Lakes keeping fully acquainted with serving for three years in the Hyder plays an active role Entertainment Centre, Knox all the changes and we rely Air Force Reserve, joined in Melbourne’s Islamic Club and Iririki Island Resort heavily on Dale Curtis for the Department of Defence community. “My objective in Vanuatu. Recently, APHM advice on all aspects of this as an in-house counsel with is to make a contribution co-ordinated and supervised complicated area of liquor responsibilities that included by providing advice and a $1 million refurbishment and gaming law.” Dale, who military prosecution and assistance, and, at the same of the Dandenong Club. has been legal advisor to workplace mediation. After time, establish Logie-Smith APHM also runs and has a APHM for more than eight almost six years with the Lanyon as the preferred law financial interest in Scusami years, also assists with liquor Royal Australian Air Force, firm for businesses operating Ristorante in the Southgate and gaming applications, during which he attained the in, and with, the Islamic Complex, Watermark Bar business acquisitions, rank of Squadron Leader, community throughout at Docklands and BLVD contracts and leases. Hyder embarked on the next Australia and overseas.” Newsletter Issue 3 2008 p.3 Logie-Smith Lanyon directory Business and corporate Contact: Kate Callil Roberts • structuring • defence contract procurement Phone: 9628 4145 Contact: Michael Lanyon • ASIC, ASX and regulatory Email: firstname.lastname@example.org Phone: 9628 4119 requirements Mobile: 0412 496 919 • mergers and acquisitions Employment and industrial relations Email: email@example.com • takeovers • contracts of employment Contact: Bryce Anderson • trusts • AWAs Phone: 9628 4123 • international trade and investment • collective agreements Mobile: 0418 381 938 • banking, finance and investment • sexual harassment Email: firstname.lastname@example.org • capital raising • anti-discrimination Contact: Dale Curtis • business structures • occupational health and safety Phone: 9628 4108 • franchising • industrial disputes Mobile: 0488 071 566 Contact: Andrew Logie-Smith • employment/IR litigation before the Email: email@example.com Phone: 9628 4121 various courts and tribunals Mobile: 0411 474 786 • service, consultancy and Information technology and Email: firstname.lastname@example.org management agreements telecommunications • rights and obligations under the • IT procurement Litigation and dispute resolution Federal employment, IR and OHS • service contracts legislation • trade practices • service level agreements • unlawful dismissals • debt collection • technology licensing • unfair dismissal claims • insolvency • wholesale and resale arrangements • policy/employment manuals, • securities enforcement • regulatory compliance documents, handbooks and training • professional negligence claims • privacy law • redundancy/restructures • contractual disputes Contact: Peter Moon • workplace codes of conduct • insurance claims Phone: 9628 4137 • workplace strategy review • corporation law disputes Mobile: 0418 539 135 • employment benefits • property Email: email@example.com • confidentiality and restraint of trade • ASIC enforcement actions & • conciliation and arbitration s 19 hearings Taxation Contact: Rima Newman Contact: David Grant • income tax Phone: 9628 4143 Phone: 9628 4164 • capital gains tax Mobile: 0418 149 453 Mobile: 0419 517 155 • goods and services tax (GST) Email: firstname.lastname@example.org Email: email@example.com • Division 7 A loan issues • stamp duty Private client services Property and construction • land tax • development • tax effective business structuring • business succession planning • subdivisions • tax effective succession and • real estate conveyancing and leasing • leases estate planning • probate • tenders • tax dispute resolution • superannuation • construction contracts • tax litigation • trusts and estates • project documentation • accountants’/tax agents’ registration • wills consumer law • contract administration and regulation Contact: Michael Lanyon • superannuation • ● claims Phone: 9628 4119 • ● dispute resolution Contact: George Kolliou Mobile: 0412 496 919 • ● planning Phone: 9628 4168 Email: firstname.lastname@example.org • ● environmental Mobile: 0427 883 547 Contact: Susan Campbell • ● licensing Email: email@example.com Phone: 9628 4106 • stamp duty planning Email: firstname.lastname@example.org • finance Disclaimer: This newsletter expresses the views and opinions of Logie-Smith Lanyon. Its contents are believed to be accurate at the time of publishing. However, no responsibility is accepted by Logie-Smith Lanyon for any loss suffered by any person or corporation taking action based on its contents. If you would prefer to no longer receive this newsletter in the future, please contact us on (03) 9620 0700 and we will remove you from our mailing list.