Hennings Lawyers’ Post

RIGHT TO DISCONNECT is taking next steps... 🏃♀️ From the 26th of next month the new section 333M of the Fair Work Act will come into effect giving employees a right to disconnect (or 1 year later for small business owners). NOW, the Fair Work Commission published a draft template right to disconnect clause to be added to modern awards. Key takeaways from the draft are: 💡 The Commission has not acceded to calls to expand upon the specific five factors set out in the FW Act which must be taken into account when considering whether a refusal to engage is unreasonable.   💡 The draft includes carve outs to the RTD for certain provisions in the Award. This makes plain that the RTD does not prevent an employer from ‘requiring’ an employee to engage with contact outside of their work hours where the relevant award (broadly) confers payment for being on stand-by, or provides specifically for recall or emergency roster changes.  WHERE TO NEXT? 👉Interested parties have until 12.00 pm (AEST) on 1 August 2024 to file submissions, and the final determinations to vary modern awards will be published by 23 August 2024. 👉Parties will then be able to make further applications after 26 August 2024 to vary the RTD term in individual modern awards to address circumstances specific to an occupation or industry. #fairwork #closingloopholes #righttodisconnect #modernawards

SPECIFIC DETAIL NEEDED In recording the outcome of any decisions made in a meeting, there are usually two ways of showing this result in the published minutes. Firstly, by indicating the result as pass or fail, and recording votes simply as the motion passed, the motion passed as amended, the motion passed unanimously, or the motion failed. Secondly, showing pass or fail with names, and recording votes as the motion passed with council members Smith, Jones, and Miller voting in favor, and council member Samuels and Jackson voting against. In the interest of transparency and personal accountability for a resolution, it would be most beneficial for people to know the actual position taken by each representative in attendance. Perhaps organisations should adopt the latter as a meeting norm, rather than relying on the call for a division to show these important details.

The Little deal that has become a big Deal The Reading deal the Council approved in October and reappeared on Leap day has proven to be the big topic. Everybody wants to have an opinion and that's good. It shows people care. This is about how we revitalise our city and how Reading Cinemas completes the redevelopment at the earliest possible time in our Seismic City. I voted in favour the motion and have been in favour since entering negotiations last year. Councillor Tim Brown has also been involved and we want this to happen. Some context, this is $32m of our circa $11b assets. Our current land lease portfolio that we wish to sell parts of to invest in our perpetual fund is $246m. Our returns on these leases is 4% this deal will be no less than that. The publically available slides are on our website under the reports heading. https://lnkd.in/gCNAGh9e My interview with Georgina Campbell from NZ Hearald is in the link.   https://lnkd.in/gpzcJw8R Wellington’s Reading Cinema deal: Councillors open up - On the Tiles: Local Edition My multiple discussions with Tom Hunt will come out tomorrow. This deal is structured to give the Council the least risk possible and for Reading to get on with it!

Digital DRS has the power to smash through the glass ceiling of a UK DRS. When we came up with the concept we knew that it would reduce cost of a DRS, reduce the carbon footprint, create a more convenient solution for consumers and be far more flexible into the future than a conventional RVM-based model. But I never thought it might be a solution to break through UK politics to enable a UK-wide one-nation DRS to progress!! Who knew? #DDRSAlliance #DigitalDRS #thefutureofDRS

In a recent issue of RV News, I shared some best practices for creating a framework for investigating workplace disputes. Check out the article on page 62 of the digital edition: https://lnkd.in/gsJp-JEv 

Effective Board meetings result in effective and efficient decision making which makes the full chain of commands centralized, 👀 accountability is ensure thereby resulting in better performance at group, company and Board level.

At the heart of the Michigan Department of Technology, Management & Budget (DTMB) organization are the fundamental governance elements that define the department's authorities, processes, and procedures. Here you will find the core elements of DTMB's governance, from legislative acts and reports to executive orders and directives. https://lnkd.in/gYcDgUB7

Michael Kill, CEO of the Night Time Industries Association, on the Second Reading of #MartynsLaw in Parliament: “Today marks a significant milestone for Martyn’s Law as it progresses to its second reading in Parliament. This bill is not only pivotal for enhancing public safety but also represents a collective commitment from the #nighttimeeconomy to ensure that our #venues and public spaces are as secure as possible.” “We wholeheartedly support Martyn’s Law as a critical piece of #legislation that prioritises the safety of individuals in public areas. The night-time industries have a crucial role to play in creating secure environments, and this legislation reinforces our commitment to that mission.” “We commend the government for its willingness to listen and adapt the bill’s approach to ensure proportionality and flexibility, especially concerning training requirements. This balanced perspective acknowledges the diverse landscape of our industry, accommodating both lower and higher-tier businesses while providing structured support to those at the upper end.” Read more here: https://buff.ly/3U8NOyG

Reminder of upcoming changes to our functions “On The Closing Loopholes Acts – what’s changing page on our website you’ll find what’s changing and when, as well as links to News and updates with more details about available information and resources.”

When is a date a period? Clarification expected from the UPC on meaning of “period”. Rule 300 of the UPC Rules of Procedure is titled “Calculation of periods” and sets out various provisions relating to how periods are set by the UPC Agreement, the Statute, the Rules or orders of the court are to be dealt with. European patent attorney and representative before the UPC Connor McConchie reviews a related recent UPC Central Division Paris Seat hearing and considers the implications for those using the court: https://dycip.com/3XL0I78 #upc #unifiedpatentcourt #upcrule300 #upcrule301"