Business Know How

Melissa Bush
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  • Entrepreneurship
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"Business Know How: Practical Legal Insights for Australian Businesses" is your go-to source for understanding the legal landscape of business, property, and estates law in Australia. Hosted by Melissa Bush, an experienced lawyer, each episode breaks down complex legal concepts into clear, actionable information. From navigating commercial leases and succession planning to understanding court judgments that impact your operations, this podcast provides the insights you need to protect and grow your business. Whether you’re managing day-to-day operations or planning for the future, Business Know How gives you the legal knowledge to make informed decisions.

  1. 65 - Employment law changes from 1 July 2026: what you need to know

    1d ago

    65 - Employment law changes from 1 July 2026: what you need to know

    1 July 2026 Employment Law Changes: Wage Rises, Payday Super, Parental Leave Expansion & Victoria NDA Restrictions Melissa Bush briefs Australian employers on key employment law changes taking effect from 1 July 2026 (plus immediate Victorian changes), warning of active enforcement by the Fair Work Ombudsman and ATO and providing a pre-30 June checklist. The Fair Work Commission’s 2026 Annual Wage Review increases the national minimum wage 6% to $26.44/hour ($1,004.90/week) and modern award minimum rates 4.75%, effective from the first full pay period on or after 1 July, with a phased removal of the C13 classification; employers must update payroll and ensure salaries still absorb award entitlements where applicable and enterprise agreement rates remain above awards. “Payday super” replaces quarterly payments: super must be received by funds within 7 business days of each payday (with a 20-business-day rule for new starters), triggering non-deductible SGC if late. Government-funded paid parental leave expands to 26 weeks, with 4 weeks reserved for the non-primary carer, requiring policy and workforce planning updates. Victorian law restricts NDAs in sexual harassment settlements unless requested by the complainant, with strict procedural requirements and a 12-month termination right. 00:00 July Law Changes Overview 01:25 Show Intro Disclaimer 02:32 Minimum Wage Award Rises 06:09 Payroll Checks BOOT 08:46 Payday Super Explained 13:01 Payday Super Checklist 15:03 Paid Parental Leave Update 19:35 Victoria NDA Limits 23:20 Final Summary Next Steps https://calculate.fairwork.gov.au/FindYourAward https://www.fairwork.gov.au/about-us/workplace-laws/annual-wage-review/annual-wage-review-2026 https://www.ato.gov.au/businesses-and-organisations/super-for-employers/payday-super/about-payday-su... https://www.servicesaustralia.gov.au/parental-leave-pay https://www.vic.gov.au/restricting-non-disclosure-agreements-sexual-harassment-work-act-2025

    27 min
  2. 64 - The Great Wealth Transfer

    Jun 2

    64 - The Great Wealth Transfer

    The Great Wealth Transfer: Family Business Succession Without Family Fallout Melissa Bush explains that Australia is entering its largest intergenerational wealth transfer, with $3.5 trillion (possibly closer to $5 trillion) expected to move from over‑sixties to younger generations in the next 20 years, and that succession is especially complex for family businesses. She notes family businesses comprise 70% of Australian businesses and employ 50% of the workforce, yet only about 30% transition to the next generation (12% to the third). The episode distinguishes ownership succession from leadership succession and explores equality vs fairness vs equity in inheritances. Bush compares lifetime transfers (managed handover, mentoring, continuity, possible tax structuring) with testamentary transfers (disruption, disputes, lack of readiness), recommending a hybrid approach. She urges families to start conversations now and outlines a framework: regular valuations, professionalized systems, leadership development, a family constitution, and aligned legal documents (will, enduring power of attorney, shareholders and buy-sell agreements, trusts), supported by structured family meetings and diagnostic tools. 00:00 Trillions at Stake 00:57 Why Family Businesses Differ 01:59 Show Intro and Disclaimer 03:06 Roadmap and Big Picture 05:01 Succession Success Rates 08:15 Should One Child Inherit 10:55 Ownership vs Leadership 12:34 Equality, Fairness, Equity 18:33 Transfer Now or Later 24:09 Start the Conversations Now 28:31 Practical Succession Framework 33:13 Wrap Up and Next Steps https://familybusinessassociation.org/resources/family-business-diagnostic-tool https://familybusinessassociation.org/community/advisor-directory https://www.tdgp.com.au Previous episodes: Episode 19 - Business Succession Planning https://www.businessknowhow.com.au/podcasts/business-know-how/episodes/2149042140 Episode 55 - Is a simple will enough for a business owner? https://www.businessknowhow.com.au/podcasts/business-know-how/episodes/2149186556 Episode 59 - When business and divorce collide https://www.businessknowhow.com.au/podcasts/business-know-how/episodes/2149200656 Episode 60 - Shareholders agreements https://www.businessknowhow.com.au/podcasts/business-know-how/episodes/2149202582

    37 min
  3. 63 - Licensing and Permits - What does your business actually need?

    May 26

    63 - Licensing and Permits - What does your business actually need?

    ABN Isn’t Enough: Navigating Licences, Permits and Council Approvals for Australian Small Businesses Melissa Bush explains that registering an ABN and business name is only the start and many Australian businesses need approvals across three tiers of government Commonwealth (e.g., tax, employment, ACL, ASIC licences), state/territory (e.g., trade and building licences, insurance, certification), and local council (e.g., development consent, building approvals, food premises registration, outdoor dining, signage, noise). She outlines typical approval needs for food and hospitality (Food Standards Code, food authority registration, food safety supervisor, council inspections, liquor licensing), trades and construction, health practices (AHPRA registration, premises consent, accessibility, medicines approvals), and retail/e-commerce (product licences, ACL, privacy, ASIC where relevant). She recommends using ABLIS to identify obligations, confirming premises suitability with council, and auditing/renewing licences, noting serious risks of illegal trading, shutdown orders, prosecution, contract breaches, and invalidated insurance. 00:00 The Costly Approval Trap 01:41 Show Overview and Disclaimer 03:59 ABN Is Only Step One 04:35 Three Government Tiers 06:29 Council Approvals Matter 08:26 Food Business Requirements 11:39 Trades and Construction Licences 13:00 Health Practice Compliance 14:30 Retail and Online Rules 15:59 Using ABLIS to Check 19:14 ABLIS Limits and Myths 20:58 Penalties and Insurance Risks 23:47 When Licences Get Suspended 25:15 Practical Approval Checklist 28:14 Wrap Up and Next Steps https://ablis.business.gov.au/ https://business.gov.au/ https://business.gov.au/registrations

    32 min
  4. 62 - The legal risks of unpaid internships

    May 19

    62 - The legal risks of unpaid internships

    Unpaid Internships in Australia: When Work Experience Becomes Employment Melissa Bush explains that the Fair Work Act doesn’t define "intern", so unpaid arrangements may be treated as employment if they look and function like work, triggering minimum wage, award entitlements, superannuation, back pay and penalties. She outlines two lawful pathways: a vocational placement under s12 (unpaid, required by an authorised course, and documented by the institution) or a non-employment arrangement where the person does no productive work, receives meaningful training, and the main benefit flows to them. She details key indicators used by courts and the Fair Work Ombudsman (purpose, duration, control, benefit, and payment expectations) and cites enforcement examples (Croc Media fines and back pay; D.Studio Architects underpayment recovery). She also covers higher civil penalties after the Feb 2024 reforms and the Jan 2025 criminal offence for intentional underpayment and provides a checklist: verify vocational status, keep placements short/observational, document and review, and when in doubt, pay. 00:00 The Internship Trap 01:54 Show Intro and Roadmap 04:17 Why Internships Matter 08:02 Two Legal Pathways 08:21 Vocational Placement Rules 11:11 When It's Not Employment 13:43 The Employment Line Tests 18:21 Case Study: Croc Media 21:46 Case Study D Studio 24:17 New Penalties and Crimes 29:47 Practical Compliance Checklist 34:31 Wrap Up and Resources

    38 min
  5. 61 - Setting prices (and avoiding resale price maintenance)

    May 12

    61 - Setting prices (and avoiding resale price maintenance)

    Resale Price Maintenance in Australia: Why Minimum Pricing Demands Are Illegal (and What to Do) Melissa Bush explains resale price maintenance (RPM) under Australian competition law, noting suppliers cannot set or enforce a minimum resale or advertised price, threaten suspension of supply, or use conditional rebates or advertising restrictions, and that RPM is a per se prohibition under the Competition and Consumer Act (Section 48). She outlines why RPM harms retail price competition, especially for small retailers, and notes ACCC enforcement and a narrow, rarely used authorisation process. The episode reviews late-2025 ACCC undertakings involving Connected Audio Visual, Golf Imports, and EE Group Australia and highlights the December 2023 Federal Court penalty of $15 million against Techtronic Industries Australia for widespread, enforced RPM. Bush clarifies that recommended retail price is legal only as a non-mandatory suggestion and provides action steps for retailers (review agreements, document pressure, and report to ACCC) and suppliers (audit and remove clauses, notify networks, train staff, and seek legal review). 00:00 Supplier Threat Call 00:34 Why RPM is Illegal 01:17 Episode Roadmap 02:32 RPM Defined Simply 03:43 Per Se Rule Explained 04:10 Why the Law Exists 05:36 ACCC Cases Overview 05:47 Case CAV Dashcams 07:14 Case Golf Imports 08:37 Case EE Group Drones 10:09 Techtronic $15M Penalty 12:16 What RRP Really Means 13:17 Supplier Dos and Don’ts 14:40 Disclaimers Don’t Help 15:18 Retailer Action Steps 16:55 Supplier Action Steps 19:04 Key Takeaways Recap 21:37 Get Help and Subscribe https://www.accc.gov.au/media-release/dash-cam-and-car-audio-supplier-connected-audio-visual-admits-... https://www.accc.gov.au/media-release/wholesaler-golf-imports-admits-to-engaging-in-resale-price-mai... https://www.accc.gov.au/media-release/drone-supplier-ee-group-admits-to-resale-price-maintenance https://www.accc.gov.au/business/selling-products-and-services/small-business-toolkit/exclusive-deal... https://www.accc.gov.au/business/competition-and-exemptions/minimum-resale-prices

    24 min
  6. 60 - Why you need a Shareholders Agreement

    May 5

    60 - Why you need a Shareholders Agreement

    Shareholders’ Agreements: The Missing Document That Can Save Your Business Melissa Bush explains why every Australian company with more than one shareholder needs a tailored shareholders’ agreement, distinct from a public constitution or the Corporations Act replaceable rules, because it governs owners’ relationships, confidentiality, and key risk areas like share transfers, valuation, contributions, exit rights, and deadlock. She illustrates the consequences through Pitak v Sudtipatudom (NSW Supreme Court, 2025), where two couples informally agreed to run a Loftus Lane, Sydney café 50/50, but the operating company (SLT) was solely owned and directed by one party, with nothing in writing; disputes over profit vs revenue, alleged $77,745.32 cash contributions, and control escalated into years of litigation, ending with claims dismissed and the café liquidated. Bush outlines common mistakes: relying on trust, using templates, never reviewing agreements, and not involving accountants/financial planners and invites listeners to contact Shire Legal or join the Café Kickstart course. 00:00 Cafe Dream Turns Sour 01:27 Why You Need One 03:13 Podcast Intro Disclaimer 04:20 What It Is Exactly 04:33 Constitution vs Agreement 08:01 Who Actually Needs It 08:36 Trust Is Not Enough 10:03 The Pitak Case Setup 13:26 Court Issues And Rulings 17:54 How An Agreement Fixes It 21:23 Exit And Deadlock Clauses 24:21 Common Mistakes To Avoid 29:19 Wrap Up And Next Steps https://www.businessknowhow.com.au/blog/partnership_0925

    33 min
  7. 59 - When business and divorce collide

    Apr 28

    59 - When business and divorce collide

    When Marriage Breaks Down: Protecting Your Business, Company and Family Trust Melissa Bush explains how relationship breakdown can expose business interests, company shares, trust assets, goodwill, and even notional property to scrutiny under the Family Law Act 1975, and why last-minute restructures can be reversed. Using the 2024 Federal Circuit and Family Court case Emmerton & Manwaring (No 2), she outlines how a common company-and-family-trust structure was undermined by poor governance: mixing personal and company finances, failing to meet director tax obligations (including DPN and Division 7A issues), mismanaging trust dealings (including unpaid rent), inadequate records and disclosure, and attempting voluntary liquidation mid-proceedings. She emphasizes that liquidation is not an escape and that lack of planning fuels costly litigation. Practical steps include a shareholders agreement, strict financial separation, proper trust documentation, staying current on BAS and super obligations, considering a binding financial agreement, and maintaining strong records. 00:00 Business at Breakup 03:34 What We Will Cover 04:12 Family Law Meets Business 06:20 Emerton Case Setup 08:46 Lesson One Structure Misused 11:05 Lesson Two Director Tax Traps 14:23 Lesson Three Trust Mismanagement 16:25 Lesson Four Records Disclosure 18:25 Lesson Five Liquidation Myth 20:44 Lesson Six No Exit Plan 22:57 Protective Steps Checklist 29:25 Key Takeaways and Wrap https://www.businessknowhow.com.au/blog/businessdivorce_0226

    32 min
  8. 58 - Resolving business disputes - how NCAT can help

    Apr 21

    58 - Resolving business disputes - how NCAT can help

    How NCAT Works: A Practical Guide to Resolving NSW Small Business Disputes Host and lawyer Melissa Bush explains how the New South Wales Civil and Administrative Tribunal (NCAT) helps NSW business owners resolve disputes more quickly, affordably, and informally than court. The episode outlines NCAT’s divisions, focusing on the Consumer and Commercial Division for unpaid invoices, goods and services disputes, retail and commercial lease disputes, and home building matters, while noting other divisions relevant to licensing, regulation, discrimination, and professional conduct. Bush covers when to apply (after attempting written negotiation), how to lodge an application, and how to prepare evidence with organized documents, a timeline, and clear outcomes sought. She describes what happens at hearings and conciliation, discusses when lawyers are optional or useful and how representation may require permission, and explains enforceable orders NCAT can make, including payment, work completion, contract, and lease-related orders. 00:00 Business Disputes Intro 01:06 Podcast Welcome Disclaimer 02:14 NCAT Overview Roadmap 03:31 NCAT Divisions Explained 05:39 Common Business Disputes 07:41 When to Apply Process 08:53 Preparing Your Evidence 10:10 What Happens at Hearing 12:01 Do You Need Lawyer 14:40 Orders NCAT Can Make 16:14 Key Takeaways Next Steps New South Wales Civil & Administrative Tribunal https://ncat.nsw.gov.au/ NCAT Procedural Directions and Guidelines https://ncat.nsw.gov.au/publications-and-resources/procedural-directions-and-guidelines.html

    18 min
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About

"Business Know How: Practical Legal Insights for Australian Businesses" is your go-to source for understanding the legal landscape of business, property, and estates law in Australia. Hosted by Melissa Bush, an experienced lawyer, each episode breaks down complex legal concepts into clear, actionable information. From navigating commercial leases and succession planning to understanding court judgments that impact your operations, this podcast provides the insights you need to protect and grow your business. Whether you’re managing day-to-day operations or planning for the future, Business Know How gives you the legal knowledge to make informed decisions.

Information

  • Creator
    Melissa Bush
  • Years Active
    2024 - 2026
  • Episodes
    66
  • Rating
    Clean
  • Copyright
    © 2026 Business Know How
  • Show Website
    Business Know How

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