There will be changes to warranties provided by suppliers or manufacturers to consumers in relation to goods or services. Warranties entitle consumers to repair, replacement, refund or other forms of compensation for goods or services. From 1 January 2012, a warranty should be in writing and:
(a) Be in clear, simple and plain language;
(b) Include the full contact details of the person or business supplying the warranty;
(c) Specify the warranty period and procedure to submit a warranty claim;
(d) Include a statement that rights under warranties are in conjugation with consumer guarantees, which cannot be excluded.

The new personal property securities regime in the Personal Property Securities Act 2009 will commence in October 2011. It combines Commonwealth, state and territory laws into one national Register. The new regime affects leasing, financing, supply of goods with retention of title, company charges, purchase and sale of personal property, bankruptcy and corporate insolvency.

Any business that supplies goods by way of sale or lease or even by bailment has a risk of suffering significant losses in the future if they are unfamiliar with the changes and take the necessary steps to guard their rights. By contrast, businesses that are aware and utilise the Register will take advantage of the benefits by enforcing rights over personal property.

The Work Health and Safety Act 2011 (Cth) (the “WHS Act”) commenced on 1 January 2012. The WHS Act replaces the Occupational Health and Safety Act 1991.

Under the WHS Act, a person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not at risk from work performed as part of the business or undertaking.

A business or undertaking is required to advise Comcare immediately upon the occurrence of a notifiable incident.

All businesses should be familiar with the requirements of the WHS Act.

Section 352 of the Fair Work Act 2009 protects employees who are on sick leave due to illness or injuries prescribed by the Fair Work Regulations from being dismissed.

The case of Kavassilas v Migration Training Australia Pty Ltd [2012] FMCA 22 shows that an employer who dismisses an employee on sick leave is at risk of paying compensation and wages to that employee. Employers should seek legal advice prior to dismissing an employee and due to the short time frame in which employees have to lodge an unfair dismissal claim employees should seek legal advice immediately upon being dismissed.