In a landmark decision, the Full Court of the Federal Court has ruled that the Fair Work Commission (FWC) has power to determine when, and whether, a dismissal from employment has occurred when dealing with a general protections application.[1]
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).
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
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
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
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 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