隨著眾多企業和公司正努力思量後COVID-19的市場環境,在未來的不確定時期內,人們可能將重點放在提高效率和節省成本上。

如果您從事辦公室或其他非勞力工作,那麼這一切都很好,但是從事工廠配送,建築,採礦以及其他製造業工人(例如:製造和肉類加工)工作健康安全將會是首當其衝。

當工廠生產線總體增加10%,即便工時沒有同樣增加,在紙上或老闆的計算機上的數字雖看似不多,但這已經很可能會給職場勞動工人造成過度體力使用和重複性的勞損。

近期發表在《決策科學研究所雜誌》上的一篇文章中,由澳大利亞國立大學學者狄范博士合著,他發現負債增加20%的公司和導致違反健康和安全法規的次数大致成正比例。范博士說:“我們發現,獲得貸款的公司沒有將這筆資金投入到人力資本中,而是將其用於提高生產力,這使運營工人在此過程中處於風險之中。”

所有在勞動密集和生產工序的工作環境中,工作的工人應向其主管和經理提出違反工作安全,不可持續性的體力要求問題,並保留投訴和結果記錄。如果出現受傷或疼痛發作,他們應諮詢專業醫療人員,並儘早尋求法律協助。

傷害與事故律師專門從事工傷索賠,職場傷害出於持續性的高速度,高要求環境中導致,在“over a period of time”索賠中,我們有相當多成功的案例。

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338

Com as empresas e corporações comtemplando a situação de mercado pós COVID-19, é provável haver um foco em maior eficiência e corte de gastos por tempo indeterminado.

 

Está bem e seguro quem trabalha em escritório ou em outro caso, em função que não envolva contato físico. Mas em distribuição de armazém, construção e mineração assim como outras indústrias tal como fábricas e frigoríficos espera-se haver cortes nos gastos em saúde e segurança.

 

Pode-se não parecer muito no papel ou no computador do chefe, mas um aumento de produção de 10% em geral, sem o mesmo aumento em carga-horária, é bem provável em causar lesões por esforço excessivo e repetitivo ao trabalhador.

 

Em um recente artigo publicado no Jornal do Instituto da Ciência de Decisões, co-autorado pelo acadêmico da ANU Dr. Di Fan encontrou que empresas com 20% no aumento de débito conduziu em aproximadamente a mesma porcentagem em violações das regulações de saúde e segurança. “Nós encontramos empresas usando empréstimos e não investindo em capital humano – antes, fizeram uso do mesmo para forçar a produtividade, que no processo colocaram trabalhadores em risco.” Disse Dr. Fan.

 

Todos os trabalhadores atuando em áreas de serviço braçal e linhas de produção devem apresentar os problemas em práticas inseguras, demandas físicas insuportáveis e semelhantes, para seus respectivos supervisores e gerentes, e manter os recordes das queixas e os resultados. Se experenciar algum início de lesão ou dor, deve-se consultar um médico profissional e procurar por conselho jurídico o mais rápido possível.

 

Injury & Accident Lawyers especializa em reivindicação por lesões do trabalho e possui muitas histórias de sucesso atuando em queixas que duram por considerável período de tempo, no qual trabalhadores sofrem lesões em resultado do contínuo elevado ritmo e demanda no trabalho.

 

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338

Dado que las empresas y corporaciones analizan la situación del mercado posterior a COVID-19, es probable que haya un enfoque en una mayor eficiencia y recorten el gasto indefinidamente.

Es bueno y seguro para quien trabaja en la oficina o en otro caso, en una función que no involucra contacto físico. Pero en la distribución de almacenes, construcción y minería, así como en otras industrias, como fábricas y refrigeradores, se esperan recortes en los gastos de salud y seguridad.

Puede que no parezca mucho en papel o en la computadora del jefe, pero un aumento en la producción del 10% en general, sin el mismo aumento en la carga de trabajo, es muy probable que cause lesiones debido al esfuerzo excesivo y repetitivo para el trabajador.

En un artículo reciente publicado en el Journal of the Institute of Decision Science, en coautoría del Dr. Di Fan, investigador de la ANU, descubrió que las compañías con un aumento del 20% en la deuda condujeron a aproximadamente el mismo porcentaje de violaciones de las normas de salud y seguridad. “Encontramos compañías que usaban préstamos y no invertían en capital humano; antes, lo usaban para forzar la productividad, lo que en el proceso puso en riesgo a los trabajadores”. Dijo el Dr. Fan.

Todos los trabajadores que trabajan en áreas de servicio manual y líneas de producción deben presentar problemas en prácticas inseguras, demandas físicas insoportables y similares, a sus respectivos supervisores y gerentes, y mantener registros de quejas y resultados. Si experimenta alguna lesión o dolor, debe consultar a un médico profesional y buscar asesoramiento legal lo antes posible.

Injury & Accident Lawyers se especializan en reclamos por lesiones laborales y tienen muchas historias de éxito, trabajando en quejas que duran un período considerable de tiempo en el que los trabajadores sufren lesiones como resultado del continuo alto ritmo y demanda en el trabajo.

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338

Pay attention to the effect of COVID-19 in the workplace!

As many enterprises and companies are trying to think about the post-COVID-19 market environment, in the uncertain period in the future, people may focus on improving efficiency and saving costs.

If you are working in an office or other non-labor jobs, all of this is fine, but working in factory distribution, construction, mining, and other manufacturing workers (eg, manufacturing and meat processing) will be the first to bear the brunt of health and safety.

When the overall production line of the factory increases by 10%, even if the working hours do not increase the same, although the numbers on paper or the boss ’s computer seem to be few, this is likely to cause excessive physical use and repetitive strain damage to workplace workers.

In a recent article published in the Journal of the Institute of Decision Sciences, co-authored by Dr. Di Fan, an Australian National University scholar, he found that companies with a 20% increase in debt and the number of violations of health and safety regulations were roughly proportional. Dr. Fan said: “We found that the company that obtained the loan did not invest this money in human capital, but used it to increase productivity, which puts operating workers at risk in this process.”

In all labor-intensive and production-process working environments, workers who work should raise their supervisors and managers with violations of work safety and unsustainable physical requirements, and keep complaints and results records. If an injury or pain occurs, they should consult a professional medical staff and seek legal assistance as soon as possible.

Injury and accident lawyers specialize in work-related injury claims. Workplace injuries are caused by continuous high speed and high-demand environments. In “over a period of time” claims, we have quite a few successful cases.

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338

I  made a new will and need to execute it. However, I cannot meet with my solicitor in person, nor organise two independent witnesses because of self isolation and social distancing. What should I do?

On 22 April, the Chief Justice of the Supreme Court of Queensland issued Practice Direction No.10 of 2020 (Practice Direction) and has given some practical solutions while we are in self isolation due to COVID-19 outbreak. However, it only applies to wills that are executed between 1 March 2020 and 30 September 2020. (It is not yet known that if this time period could extend depending on the COVID-19 spread.)

In summary, the above Practice Direction is now allowing the executor of Will to execute a testamentary document so long as it is witnessed by a solicitor using audio-visual technology provided that there is clear evidence showing that the testator intended the document to take immediate effect as their will.

However, the Practice Direction contains this condition:

That the reason why the testator was unable to execute the will in the physical presence of two witnesses was because of either government enforced or recommended, or self imposed, isolation or quarantine arising from the COVID 19 pandemic.

So you still must demonstrate that the reason you could not execute your will in the prescribed manner was due to COVID-19 pandemic and if the execution of an informal will is witnessed by a practitioner using audio-visual technology, it will be important to ensure that evidence is recorded and securely retained to prove satisfaction of about the various elements of the Practice Direction at the time a practitioner is involved.

We are open and as business as usual helping people who has legal needs.

Call 1800 GETHELP or email to us info@phoenix-law.com.au

Due to the current situation related to the COVID-19 our office has instigated several policies:-

  • 1. Until further notice we will not be taking appointments in person.
  • 2. Staff will be working both in our office and remotely from home. Due to this we cannot guarantee that Staff will be available should you call the office without first confirming availability by email .We ask that, unless there is an emergency or time sensitive matter associated with your file, all communication is by email .This will ensure prompt attention to your matter.
  • 3.Due to the evolving situation with COVID-19, we are currently experiencing altered work patterns and additional workload pressures in a bid to ensure continuity of operations. This may result in a delayed response to your email and your patience is appreciated.

We understand these measures may cause inconvenience, however we are taking these measures to ensure that not only our staff, but also our clients are best protected and any risk minimised. Thank you for your assistance and understanding.

On 7 April 2020, the National Cabinet released the National Code of Conduct (Code) to SME industrial and retail tenancies affected by the COVID-19 pandemic.

The purpose of this Code is to impose the certain set of rules in negotiating good faith amendments to the existing leasing arrangements.

Who does the Code apply to?

The Code applies to all commercial leases, including retail, office and industrial leases where the tenant:

has an annual turnover up to $50 million; and
is suffering financial stress or hardship as a result of the COVID-19 pandemic, as defined by their eligibility for the Commonwealth Government’s JobKeeper programme.

Overarching Principles

The object of the Code is where the parties have an obligation to negotiate in “good faith” and act in an “open, honest and transparent manner”, whilst seeking to appropriately balance the interest of tenants and landlords.

It is intended that landlords will agree tailored, bespoke and appropriate temporary arrangements for each SME tenant taking into account their particular circumstances on the following on a case by case basis:

    • Landlords must not terminate leases due to non-payment of rent during the COVID-19 pandemic period or reasonable subsequent recovery period.

 

  • Landlords must offer tenants proportionate reductions in rent payable in the form of waivers and deferrals of up to 100% of the amount ordinarily payable. Rental waivers must constitute no less than 50% of the total reduction in rent payable under principle over the COVID-19 pandemic period and should constitute a greater proportion of the total reduction in rent payable in cases where failure to do so would compromise the tenant’s capacity to fulfil their ongoing obligations under the lease agreement. Regard must also be had to the Landlord’s financial ability to provide such additional waivers. Tenants may waive the requirement for a 50% minimum waiver by agreement.

Example:

The tenant who pays $10,000 per month in rent and it has seen a drop in turnover of 60% in April 2020 when comparing to the same month in 2019. Under this Code, the landlord must:

    1. Grant a proportionate amount of waived rent equal to 50% of the reduction of turnover; and

 

  1. The remainder of lost turnover is converted into rent repayments.

Calculation

  • Reduction in turnover = 60%. Base Rent = $10,000
  • 60% x $10,000 = $6,000
  • Therefore $3,000 (50% of $6,000) of rent is written off and $3,000 of rent is deferred.
  • This means that the tenant only has to pay $4,000 a month in rent during the COVID-19 pandemic.

 

    • Deferrals must be covered over the life of the lease and be no less than 24 months.

 

    • Any reduction in statutory charges (e.g. land tax, council rates) or insurance will be passed on to the tenant in the appropriate proportion applicable under the terms of the lease.

 

    • A landlord should seek to share any benefit it receives due to deferral of loan payments, provided by a financial institution as part of the Australian Bankers Association’s COVID-19 response, or any other case-by-case deferral of loan repayments offered to other Landlords, with the tenant in a proportionate manner.

 

    • Landlords should where appropriate seek to waive recovery of any other expense (or outgoing payable) by a tenant, under lease terms, during the period the tenant is not able to trade. Landlords reserve the right to reduce services as required in such circumstances.

 

    • If negotiated arrangements under this Code necessitate repayment, this should occur over an extended period in order to avoid placing an undue financial burden on the tenant. No repayment should commence until the earlier of the COVID-19 pandemic ending or the existing lease expiring and taking into account a reasonable subsequent recovery period.

 

    • There will be a prohibition on landlords charging interest on unpaid rent.

 

    • Landlords must not make a claim to a tenant’s security deposit or a bank guarantee for the non-payment of rent.

 

    • The tenant should be provided with an opportunity to extend its lease for an equivalent period of the rent waiver and/or deferral period. This is intended to provide the tenant additional time to trade, on existing lease terms, during the recovery period after the COVID-19 pandemic concludes.

 

    • Landlords agree to a freeze on rent increases (except for retail leases based on turnover rent) for the duration of the COVID-19 pandemic and a reasonable subsequent recovery period, notwithstanding any arrangements between the landlord and the tenant.

 

  • Landlords may not apply any prohibition on levy any penalties if tenants reduce opening hours or cease to trade due to the COVID-19 pandemic.

Commencement/Expiry

The commencement date of the Code will be determined by each State and Territory, with the Code to apply from a date after 3 April 2020 for the period during which the JobKeeper programme is operational.

For landlord

If you are the landlord, you should carefully consider key listed above. The Code as it currently stands is more in favour of tenant.
When you negotiate the rent reduction with your tenants, we suggest that:

Request for relevant information and evidence to demonstrate that the tenants are eligible for relief under the Code. You may pay attention to tenants’ online sales and may seek comfort from the tenants’ accountants and bankers about the information provided by tenants;
Prepare a variation of lease or deed to protect your interests while still complying with the requirements of the Code.
Imposing regular reporting obligations to tenants on trading etc.

For Tenant

We recommend that you should commence discussions with the landlord as soon as possible in accordance with the Code, with a view to agreeing a reduction or deferral of rent payable under the tenancy agreements during the COVID-19 pandemic and a subsequent recovery period.

You should ensure that any approaches to the landlord is undertaken in accordance with this Code in good faith. You should also proactively and clearly communicate with your landlord regarding any decisions you make about full or partial closure of your premises.

Where both parties cannot reach agreement on leasing arrangements, the matter may be referred to state or territory retail/commercial leasing dispute resolution processes for binding mediation. However, there are significant questions regarding this dispute resolution process during this period. Even where mediations will be held via teleconferencing or videoconferencing, the sheer volume of matters that may be referred is likely to result in significant delays. Hence, it is practical to secure a good mutual resolution with the landlord as practically soon as possible.

For your legal needs, call Phoenix Law & Associates on 1800 GETHELP!

As business and corporations contemplate a post-COVID-19 market environment, it is likely that there will be a focus on greater efficiencies and cost savings in the uncertain times ahead.

This is all well and good if you work in the office or otherwise, in a non-physical role, but warehouse distribution, construction and mining, as well as other manufacturing processes like fabrication and meatworks, are likely to see corners cut on health and safety.

It may not seem like much on paper or the boss’s computer, but a production line increase of 10% overall, without the same additional increase in man-hours, is very much likely to cause overuse and repetitive strain type injuries to a labourer.

In a recent article published in the Journal of the Decision Sciences Institute, co-authored by ANU academic Dr Di Fan, found that companies with 20% increase in debt led to a roughly equal amount in breaches of health and safety regulations. “We found firms taking out loans did not invest this money into human capital – rather they used it to push productivity, which placed operational workers at risk in the process,” Dr Fan said.

All workers working in labour-intensive and process-work environments should bring issues of unsafe practices, unsustainable physical demands and models to their supervisor and managers and keep records of the complaint and outcome. If experiencing the onset of injury or pain, they should consult medical professionals and seek legal advice at the earliest opportunity.

Injury & Accident Lawyers (or Phoenix Law & Associates) specialise in work injury claims and have many success stories acting in “over a period of time” claims, where workers are injured as a result of sustained high pace, high demand environments.

If you encounter any problems, CALL 1800 GETHELP (4384357).

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338

Due to the current situation related to the COVID-19 our office has instigated several policies:-

  • 1. Until further notice we will not be taking appointments in person.
  • 2. Staff will be working both in our office and remotely from home. Due to this we cannot guarantee that Staff will be available should you call the office without first confirming availability by email .We ask that, unless there is an emergency or time sensitive matter associated with your file, all communication is by email .This will ensure prompt attention to your matter.
  • 3.Due to the evolving situation with COVID-19, we are currently experiencing altered work patterns and additional workload pressures in a bid to ensure continuity of operations. This may result in a delayed response to your email and your patience is appreciated.

We understand these measures may cause inconvenience, however we are taking these measures to ensure that not only our staff, but also our clients are best protected and any risk minimised. Thank you for your assistance and understanding.

In the last few years many recognised refugees have seen their Permanent Protection Visa’s (Subclass 866) cancelled on the basis of incorrect information provided at the time of initial asylum claim when they arrived Australia, in most cases illegally by boat.

The Minister has powers under Section 109 of the Migration Act 2001 (the Act) to cancel a visa if he or she finds that the person holding the visa had provided incorrect information in relation to his asylum claim.

Visa cancellation cannot be decided without first going through a natural justice process in which the visa holder is given an opportunity to respond to the allegation of incorrect information. The process initiates from Section 101 of the Act which provides that a non-citizen must complete a visa application in such a way that no incorrect answers are given or provided. If it comes to the Department of Home Affairs (DHA) attention that section 101 has not been complied with, section 107 prescribes certain steps to be taken by the Minister before cancelling the visa. This include a notice of incorrect application sent to the visa holder with particulars of the possible non-compliance and inviting the visa holder to show to the Minister that there was compliance or give reason for the non-compliance.

The via holder usually has to respond with specific time limits. it is important for the visa holder to seek legal advice as soon as possible when the notice is received.

After receipt of response from the visa holder, the Minister has powers under section 108 to decide whether there was a non-compliance by the visa holder and if so the Minister may cancel the visa under section 109 of the Act.

If you have received any such notice from the DHA or know someone who has received such a notice, you may contact us for an obligation free consultation about the notice and the response to be provided to the DHA.

The Scheme is a new initiative from the Australian Government designed to support eligible first home buyers purchase a home sooner. The National Housing Finance and Investment Corporation (NHFIC) will provide a guarantee for eligible first home buyers on low and middle incomes so that they can purchase a home with a deposit of as little as 5%.

There is a catch however! The Scheme will only support up to 10,000 home loans each financial year, starting from 1 January 2020, and NHFIC have appointed a panel of 27 lenders in which you must obtain your finance through. To apply for the scheme, you would lodge your application through one of the participating lenders and their authorised representatives.

What makes you eligible:

• Australian citizens who are at least 18 years of age. Permanent residents are not eligible;
• Applicants must not have previously owned or had an interest in a residential property, either separately or jointly with someone else (this includes residential strata and company title properties, regardless of whether it was an investment or owner-occupied property and whether it was ever lived in);
• Only singles with a taxable income of up to $125,000 per annum and couples with a combined taxable income of up to $200,000 per annum may be eligible;
• Couples are only eligible for the scheme if they are married or in a de facto relationship. Other persons buying together, including siblings, parent/child or friends, are not eligible;
• The Scheme will only apply to Owner Occupied home loans paid on a principal and interest basis (property investment and Interest Only loans are excluded);
• Applicants must have a deposit of between 5% and 20% of the property’s value; and
• Your maximum property purchase price is subject to the suburb and postcode of your new property. You can check the property price threshold for your property’s suburb and postcode using NHFIC’s property price threshold tool.

For full information in relation to the scheme, you can go to the First Home Loan Deposit Scheme website at: https://www.nhfic.gov.au/what-we-do/fhlds.

If you have any questions in relation to the First Home Loan Deposit Scheme or in relation to your Contract whether you are a First Home Owner or not, please feel free to call our office on 07 3236 2852 and one of our team will be able to help you out!