Third parties have retained the recently acquired right to intervene to protect their interests in the face of threatened industrial action. In response to a recent dispute, the Coalition government amended the Fair Work...more
The season of workplace social functions is upon us, for better and for worse. An office party that goes off the rails is not just the subject of water cooler gossip; it's a real source of employee complaints, workers...more
We have now had just over a week to consider the effect of the Mammoet Case (CFMEU v Mammoet  HCA 36).
In the Mammoet Case, the High Court unanimously allowed an appeal from a decision of the Federal Court of...more
The general protections protect “workplace rights” as defined broadly in the FW Act. The general protections prohibit “adverse action” being taken against a person when that person decides to, or not to,...more
The FW Act contains a central distinction between “protected” industrial action (that is, lawful action) and “unprotected” industrial action (unlawful action). However, a designated “bargaining period”...more
WHAT OBLIGATIONS ARISE?
Unfair dismissal laws, which are set out in the Fair Work Act 2009 (Cth) (FW Act), apply to a large number of Australian employees and generally give those employees the broadest protection...more
COMPLIANCE WITH THE NES -
An employer must comply with the NES in relation to each of its employees.
Any attempt to exclude the NES or provide less favourable entitlements will not be effective as the NES...more
TAKING THE PLUNGE -
Often, the first step is for an employer to ask, and if necessary, direct the employee to undergo a medical examination. Where the employee refuses, the employer needs to decide whether that...more
ENTERPRISE AGREEMENTS -
The FW Act provides for the making of an enterprise agreement that is simply a collective agreement that covers one (single-enterprise) or more employers (multi-enterprise) and the employees...more
There are three types of ROE for union officials seeking to enter ‘workplaces’ under the FW Act:
- To hold discussions with employees whose interests the union is entitled to represent