All Enterprise Agreements Impose Mandatory Obligations On Employers To Consult With Employees About "Major" Changes In The Workplace. These Obligations Are Not Only Relevant To Unfair Dismissal Claims, But A Failure To Comply...more
Sussan: Where tit goes with tat -
A recent win for a bullied employee of the Sussan retail chain in the Supreme Court of Queensland shows that it has never been more important for employers to ensure frontline managers...more
An employee may want to record a conversation in the workplace for any number of reasons. They might think their manager is trying to set them up to get them into trouble. They might be trying to catch out alleged bullying or...more
The recent changes to the Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCR Act) have generated debate. The focus has been on the introduction of a threshold for common law claims.
However, employers should...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
The recent Federal Court decision in AMWU v Visy Packaging Pty Ltd (No 3)  FCA 525 demonstrates the careful balancing act an employer faces when disciplining an employee for misconduct where the...more