Tag archives: Fair Work Act 2009

Amendments to the JobKeeper scheme

On 3 September 2020, the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Cth) (Act)[1] passed both houses of the Commonwealth Parliament, extending the JobKeeper scheme, varying employer JobKeeper eligibility requirements and making amendments to the Fair Work Act 2009 (Cth) (FW Act).… Continue Reading

Civil and criminal proceedings under the Fair Work Act 2009 (Cth)

The fallout has continued from the industrial dispute between building company Grocon and the Construction, Forestry, Mining and Energy Union (CFMEU), which culminated in a major blockade in Melbourne’s central business district in August 2012, with the Full Federal Court partially allowing an appeal by the CFMEU against a decision that would have permitted the Fair Work Building Industry Inspectorate (FWBII) to proceed with its civil prosecution of the CFMEU in relation to the blockade (the FWBII Proceedings).

In the first instance decision of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Continue Reading

Republic of Lebanon liable for damages following a general protections (adverse action) claim by an Australian based consular employee

Republic of Lebanon liable for damages following a general protections (adverse action) claim by an Australian based consular employee.

The Republic of Lebanon has been ordered to pay a former Australian consular employee in excess of $330,000 in damages for future economic loss suffered by the former employee as a result of breaches of Australian workplace laws.

The decision of Judge Raphael of the Federal Circuit Court of Australia (“Court”) confirms that foreign state immunity does not extend to claims relating to a contract of employment made or performed in Australia or to claims in relation to any … Continue Reading

Anti-bullying jurisdiction commences under Fair Work Act 2009

The new anti-bullying jurisdiction under the Fair Work Act 2009 (FW Act), which commenced on 1 January 2014, introduces an ‘individual right of recourse’ to the Fair Work Commission (FWC), that is designed to be both ‘speedy’ and ‘inexpensive’.

The emphasis on providing a ‘speedy’ individual right was reflected in the Second Reading Speech, with the (then) Minister for Employment and Workplace Relations stating that ‘… we need this new individual right of recourse to encourage early intervention to stop the bullying, to help people resume normal working relationships, and to prevent further episodes of Continue Reading

When is a true casual employee not a true casual?

In an important decision that effectively reverses how employers assess whether their award or agreement covered employees are ‘true’ casual employees under the Fair Work Act 2009 (FW Act), the Full Bench of the Fair Work Commission (the Commission) has held that the characterisation of “casual employee” should be solely based on the specific definition in the relevant enterprise agreement or modern award, and not according to principles in the general law.

In Telum Civil (Qld) Pty Limited v Construction, Forestry, Mining and Energy Union [2013] FWCFB 2434 (Telum) the Commission considered whether the employees … Continue Reading

Workplace bullying complaints to be heard by the Fair Work Commission

The Federal Government has introduced a proposed Bill to amend the Fair Work Act 2009 (Cth) (FW Act) to allow employees who believe they have been subjected to workplace bullying to have their grievance heard in the Fair Work Commission (the FWC), a move that may potentially lead to an influx of new workplace litigation.

This announcement followed the report by the House of Representatives Standing Committee on Education and Employment into workplace bullying.

The proposed reforms would require the FWC to deal with an employee’s application as a matter of priority, by listing it for consideration … Continue Reading

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