Topic: Australia

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Model terms for annualised wages clause to be included in Modern Awards

Sarah RalphBy Sarah Ralph and Edwina Kaupa on Posted in Asia Pacific, Australia
As part of the Fair Work Commission’s (Commission) four-yearly review of Modern Awards[1], the Commission recently handed down a decision on 27 February 2019 (Decision)[2], to insert new model clauses for annual wages into Modern Awards. The Decision applied to 17 Modern Awards that currently contain annualised wage entitlements, and 2 Modern Awards that previously … Continue reading

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

Samantha MaddernBy Samantha Maddern and Kathryn Hunter on 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

Marie Boland’s Review of the model Work Health and Safety laws – industrial manslaughter, enhancing the Category 1 offence, and what it might mean for statutory safety duty holders

Katherine MorrisDaniel MacMahonBy Katherine Morris and Daniel MacMahon on Posted in Australia, General
Since the start of this year, two directors have been sentenced to custodial terms for safety offences in relation to separate fatal incidents. In February this year,  Marie Boland’s Review of the model Work Health and Safety laws – Final report (Report) was released  which recommends including a new offence of industrial manslaughter in the … Continue reading

Update on case involving whether employee can be compelled to give evidence in a coronial inquiry

Nicki MilionisBy Nicki Milionis on Posted in Australia
The Full Court of the Federal Court of Australia (Full Court) handed down its decision on 15 February 2019 in Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25.  The case involves an appeal to the Full Court by Helicopter Resources Pty Ltd (Helicopter) arising from a decision of the Federal Court which … Continue reading

Recent changes to Modern Awards – What employers should know

Martin OsborneAndrew WheeldonBy Martin Osborne and Andrew Wheeldon on Posted in Asia Pacific, Australia, General
As part of the Commission’s four-yearly review of modern awards[1], the Full Bench of the Fair Work Commission (FWC) recently handed down a number of decisions[2] which have the effect of inserting a model casual conversion clause (Model Clause) into 84 Modern Awards[3] from 1 October 2018.  This provides “regular casual” employees the right to … Continue reading

Can an employee be compelled to give evidence in a coronial inquiry where the employer is facing a WHS proceeding?

Nicki MilionisBy Nicki Milionis on Posted in Asia Pacific, Australia, General
A coronial inquiry being conducted at the same time as a criminal proceeding may constitute interference with the due administration of criminal justice amounting to contempt of court. A recent Federal Court decision[1] has considered whether the examination of an employee witness at an inquest will constitute ‘interference’ for the purposes of the criminal proceeding … Continue reading

Model term for family friendly working arrangements to be included in modern awards

David CrossNorah ChafardetBy David Cross and Norah Chafardet on Posted in Asia Pacific, Australia, General
As part of the Commission’s four-yearly review of modern awards,[1] the Full Bench of the Fair Work Commission (Commission) recently handed down a decision (Decision),[2] to insert a new model term (Model Term) into all modern awards, which will: complement the flexible working provisions contained in s 65 of the Fair Work Act 2009 (Cth) (Act); and impose … Continue reading

Have your say on Sexual Harassment in the Workplace

Sally WoodwardSarah RalphBy Sally Woodward and Sarah Ralph on Posted in Australia, Discrimination and harassment, General
The recent Australian Human Rights Commission (AHRC) national survey on sexual harassment has made it clear that sexual harassment in the Australian workplace is increasing.   In June 2018, the AHRC announced a National Inquiry into Sexual Harassment in the Workplace in order to report, on other things, the prevalence and reporting of harassment and the … Continue reading

Australia introduces unpaid domestic and family violence leave into Modern Awards

Jason NoakesJoanna MacKenzieBy Jason Noakes and Joanna MacKenzie on Posted in Asia Pacific, Australia, General
Employees in Australia, to whom a Modern Award applies, now have access to 5 days unpaid domestic and family violence leave a year, following a ruling made by the Fair Work Commission earlier this year as part of its four-yearly review. All Modern Awards have now been amended to include a new clause about family … Continue reading

Accessorial Liability – Third Party Advisors

Jenny SmithBy Jenny Smith on Posted in Asia Pacific, Australia
The recent case of EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 demonstrates the broad reach of the accessorial liability provisions under the Fair Work Act 2009 (Cth) (the Act).  In this case the Full Federal Court (FFC) dismissed the appeal of an accounting firm which was found by the Federal … Continue reading

Changes to Australia’s Heavy Vehicle National Law

Katherine MorrisAnnika MartzBy Katherine Morris and Annika Martz on Posted in Asia Pacific, Australia
Changes to Australia’s Heavy Vehicle National Law (HVNL) will come into effect on Monday, 1 October 2018. The changes align the HVNL more closely with the model Work Health and Safety Act, by introducing: a new primary duty on every party in the “heavy vehicle supply chain” to ensure the safety of transport activities; and … Continue reading

Enterprise bargaining and the 7 day access period

Helene LeeJames CoxBy Helene Lee and James Cox on Posted in Australia
There are a number of timelines under the Fair Work Act 2009 (Cth) (FW Act) to be aware of when making and applying for approval of a single enterprise agreement.  If these timelines are not complied with, it is likely that the agreement will not be approved by the Fair Work Commission (FWC).  One such … Continue reading

Personal/carer’s leave sweeter for shiftworkers

Sarah RalphRebekah FrenchBy Sarah Ralph and Rebekah French on Posted in Asia Pacific, Australia
In Mondelez Australia Pty Ltd [2018] FWC 2140 the Fair Work Commission (Commission) confirmed shiftworkers are entitled to 10 days of personal/carer’s leave to be taken and accrued as a daily entitlement based on the hours ordinarily worked by a particular employee in a day. As a result, shiftworkers are entitled to payment for the … Continue reading

FIFO worker engaged as a casual entitled to annual leave

Martin OsborneAmy LeonardBy Martin Osborne and Amy Leonard on Posted in Asia Pacific, Australia
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 … Continue reading

No “fair go” makes dismissal for a valid reason unfair

Samantha MaddernPatrick WilliamsBy Samantha Maddern and Patrick Williams on Posted in Asia Pacific, Australia
The Fair Work Commission will inevitably find a dismissal to be ‘unfair’ if, despite having legitimate performance concerns, an employer does not give the employee a ‘fair go’ to both respond to those concerns and improve their performance. In Cheek v ELB Pty Ltd,[1] the Commission took a close look at just what a ‘fair … Continue reading

AHRC launches national inquiry into sexual harassment in Australia

Sally WoodwardNicola MartinBy Sally Woodward and Nicola Martin on Posted in Australia, Discrimination and harassment
The Australian Human Rights Commission (Commission) has recently launched an inquiry into sexual harassment in Australian workplaces (Inquiry). It seems that the ‘watershed’ moment that the #MeToo campaign was hailed as, has indeed driven the momentum to keep the issue alive and for meaningful action to come from it. There can be little argument that … Continue reading

Record penalties for health and safety breaches in WA are a sign of things to come

Samantha MaddernBy Samantha Maddern on Posted in Asia Pacific, Australia
Penalties imposed under Western Australia’s Occupational Safety and Health Act 1984 (Act) have been kicked up a notch with the Perth Magistrates Court recently fining a company and its director more than double the previous record. In setting this new high water mark, the Court has sent a clear message that failing to ensure a … Continue reading

Visual contracts: Re-imagining the employment contract

Jason NoakesBy Jason Noakes on Posted in Asia Pacific, Australia, Contracts
We had the pleasure of assisting global engineering and infrastructure advisory company Aurecon become the first employer to launch a visual employment contract across its workforce in Australia. The brief?  To assist in re-imagining the standard written employment contract into an interactive and vibrant agreement, which governs the employment relationship and embodies the culture and … Continue reading

Legal representation in the post-Fitzgerald world – difficult but not impossible

Samantha MaddernPatrick WilliamsBy Samantha Maddern and Patrick Williams on Posted in Asia Pacific, Australia
In October 2017, a Full Bench of the Fair Work Commission in Fitzgerald v Woolworths[1] challenged the common understanding of “representation” by a lawyer, by finding it involves a wide range of activities connected with litigation and is broader than just oral advocacy before the FWC.  As lawyers (and paid agents) must obtain the FWC’s … Continue reading
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