A majority of a Full Bench of the Fair Work Commission has recently held that for the purposes of calculating notice of termination and redundancy entitlements for permanent employees under the Fair Work Act 2009 (Cth) (the Act), a prior contiguous period of regular and systematic service as a casual employee will count as service.
Management of psychological health and safety risks
A recent case from the Supreme Court of Queensland (Beven v Brisbane Youth Service Inc [2016] QSC 163) again illustrates the importance of managing risks to psychological health and risks of occupational violence.
The case involves a sexual assault perpetrated by a client of the Brisbane Youth Service Inc. (BYS) on one of its employee case workers. The client had a history of drug use (which was continuing), sexualised behaviours towards a number of the workers with whom she came into contact (both at BYS and other organisations) and had made two previous staff members of BYS feel unsafe when working with her (to the extent that they ceased working with her or working with her at her home alone).
Cashing out of annual leave now permitted by the majority of modern awards
In a recent ground-breaking decision, the Fair Work Commission has varied the terms relating to annual leave that appear in the majority of modern awards (being the instruments that set out minimum employment terms and conditions for millions of Australians). The most controversial variation being the ability to cash out annual leave.
Gaming in the workplace: Pokémon Yes or Pokémon No?
Pokémon Go has taken Australia and the world by storm since its release earlier this month. The game sees users hunt for Pokémon using augmented reality technology and the GPS on their smartphones.
Obtaining alternative employment and redundancy pay: Does the offer meet the test of acceptability?
If an employee is entitled to redundancy pay on termination, but their employer has obtained other acceptable employment for them, the employer can apply to the Fair Work Commission (FWC) for an order under the Fair Work Act 2009 (Cth) (FW Act) to reduce (including to nil) the amount of redundancy pay that is due to the employee.
The employer is required to demonstrate that:
- it “obtained” the alternative employment for employees; and
- the alternative employment was “acceptable”.
In the recent decision of Sodexo Australia Pty Ltd T/A Sodexo [2016] FWC 4012, Deputy President Sams of the FWC considered the second test of whether the alternative employment was “acceptable”.
Proposed new Victorian OHS Regulations released for consultation
Victoria’s Occupational Health and Safety Regulations 2007 (OHS Regulations) and the Equipment (Public Safety) Regulations 2007 are due to expire on 19 June 2017.
WorkSafe has today released proposed new OHS Regulations to replace the current OHS Regulations.
WorkSafe has invited public submissions and comment on the proposed new OHS Regulations as part of the consultation and review process. Submissions are due by the close of business on Friday 9 September 2016.
Post-Election 2016 Briefing: Likely Amendments to the Fair Work Act
Prime Minister Malcolm Turnbull has claimed victory in the federal election, as the Coalition achieved the slim majority in Australia’s federal parliament.
We briefly outline the likely key amendments to the Fair Work Act, as promised by the Coalition Government prior to the election, and other possible amendments to the workplace relations legislative framework.
Can internal investigations commissioned from third party investigators be kept confidential?
The recent decision of the Fair Work Commission in Kirkman v DP World Melbourne Limited[1] illustrates the benefits to employers of taking care when commissioning investigations into alleged misconduct in the workplace. If the commissioning of the report is handled correctly, and confidentiality of the report is maintained at all times, it may be possible to withhold production of the report in subsequent proceedings brought by employees, on the basis of a claim for legal professional privilege (LPP).
A watershed case on the frontiers of union turf
Earlier this month, a unanimous Full Bench of the Fair Work Commission (FWC) handed down a decision that is set to lay the landscape for the interpretation of union eligibility rules into the future.[1] In its reasons, the Full Bench provided critical guidance on how union eligibility rules should be interpreted. In particular, the Full Bench considered that the position adopted by the appellant, the Australian Rail, Tram and Bus Industry Union (RTBU), during the award modernisation process was instructive.
The decision is significant, upholding long-standing industrial arrangements for the representation of locomotive drivers and rail workers in Australia’s strategically important Pilbara region and the mining industry more generally.
FWC decision highlights potential gap in unfair dismissal protections for labour hire employees
A recent decision of the Fair Work Commission (FWC) means that labour hire employees working on projects may find it more difficult to avail themselves of the unfair dismissal protections in the Fair Work Act 2009 (Cth) (Fair Work Act).
In this case, the labour hire employee’s contract of employment made specific reference to the employee undertaking work for a host company on a particular project. The employee had worked on this project for 7 years, when he was involved in a ‘near miss’ safety incident. As a result of this incident the host company advised the employer that it was exercising a right under its contract with the employer to remove the labour hire employee from the project site. After unsuccessfully attempting to find an alternative position for the labour hire employee, the employer terminated the employee’s employment.