Jason Noakes

Successful prosecution under the Work Health and Safety (WHS) Act in NSW

By Jason Noakes on February 23, 2016 Posted in General

Safe Work New South Wales v Austral Hydroponics P/L; Safe Work New South Wales v Eang Lam [2015] NSWDC 295 Safe Work NSW has brought a successful prosecution against a Company Austral Hydroponics Pty Ltd (Austral Hydroponics) and its Director Mr Eang Lam (Mr Lam). This is one of the first successful prosecutions of a … Continue reading

‘No extra claims’ clause again a factor in limiting employer’s unilateral decision to relocate employees

By Jason Noakes on December 7, 2014 Posted in Australia

Following on from a recent decision in which a ‘no extra claims’ clause in an enterprise agreement prohibited an employer unilaterally varying employment benefits, a Full Bench of the Fair Work Commission has recently affirmed this approach to interpreting the scope of no extra claims clauses in relation to employment conditions (DL Employment Pty Ltd … Continue reading

Sham contracting: Become an independent contractor, or you’re fired!

By Jason Noakes and Jenny Smith on November 20, 2014 Posted in Australia

With ever increasing economic pressures employers are frequently required to consider ways to reduce employment and labour costs. While there are many ways to lawfully achieve this, requiring an employee to become an independent contractor performing the same work, certainly isn’t one of them. The recent case of The Director of the Fair Work Building … Continue reading

‘No extra claims’ clause in enterprise agreement puts the brakes on employer changing its company car policy

By Jason Noakes on November 19, 2014 Posted in Australia

The Fair Work Commission (Commission) has handed down a decision (Australian Municipal, Administrative, Clerical and Services Union v North East Water [2014] FWC 6922) which highlights the extent to which ‘no extra claims’ clauses contained in enterprise agreements can limit an employer’s ability to unilaterally vary employment benefits, even where such benefits do not arise under the … Continue reading

Court fines employer for failing to allow employee to meet carer’s responsibilities

By Jason Noakes on November 17, 2014 Posted in Australia

Transport Workers’ Union of Australia v Atkins [2014] FCCA 1553 (18 August 2014) The Federal Circuit Court has recently ordered a transport operator to pay close to the maximum penalty for summarily dismissing the employee after he took carer’s leave to take his daughter to a medical appointment with a specialist. The facts The employee was … Continue reading