Kathryn Hunter

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Wrong interpretation of industrial agreement leads to successful underpayment claim for 150 workers

By Kathryn Hunter on November 27, 2019 Posted in Asia Pacific, Australia, General

The Federal Court of Australia recently decided in favour of a representative proceeding (more commonly known as a ‘class action’) brought on behalf of approximately 150 workers, and backed by the Construction, Forestry, Mining, and Maritime Employees Union against Thiess Pty Ltd, on the question of payment for travel time at the end of a … Continue reading

New code of practice for managing the mental health of FIFO workers

By Kathryn Hunter on April 9, 2019 Posted in Asia Pacific, Australia, General

The Western Australian Department of Mines, Industry Regulation and Safety, in conjunction with the Commission for Occupational Safety and Health and the Mining Industry Advisory Committee, has released a Code of Practice “Mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors” (Code).[1] The Code recommends implementing a risk-based approach to … Continue reading

Two jobs, one employer: Australia Post not liable for overtime pay

By Kathryn Hunter on March 14, 2019 Posted in Asia Pacific, Australia

The recent Federal Court decision of Lacson v Australian Postal Corporation [2019] FCA 51 has reaffirmed the position than an employer is not liable for cumulative overtime and allowances where their employee performs different duties at two different locations and two different times. Justice Mortimer dismissed an appeal by an employee of Australia Post, who … Continue reading