Leading commentary and perspectives on employment and labor law
A FIFO worker who was purportedly engaged as a “casual” under an enterprise agreement has successfully claimed an entitlement to annual leave under both the National Employment Standards (NES) and the terms of the enterprise agreement.
The full Federal Court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 opens the way for further claims by employees who are engaged as casuals but work regular and consistent hours.
The Australian Building and Construction Commission (ABCC) has recently released further guidance material in relation to its interpretation of, and likely enforcement approach towards, the freedom of association provision within the Building Code 2013 (Code 2013) and Code for Tendering and Performance of Building Work 2016 (Code 2016).
The freedom of association provisions within both Code 2013 and Code 2016 require building contractors and other building industry participants to adopt policies which ensure that persons are:
However, the specific requirements with respect to the display of building association logos, mottos and indicia differ between Codes.
Board members can occupy positions of high responsibility and power. A recent decision of the Fair Work Commission has shed light however on whether they may also fall under the category of ‘worker’ for the purposes of anti-bullying laws.
