In a welcome development for employers, the High Court has handed down a landmark decision that confirms, for the first time, that Australian employment contracts do not contain an implied term of "mutual trust and...more
Five months into the Fair Work Commission's new bullying jurisdiction, the demand for and scope of the new laws is slowly becoming clearer.
This article briefly summarises a number of recent cases and developments...more
The Fair Work Commission's anti-bullying powers came into force on 1 January 2014 (see our previous update here). In a recent decision (Application by Kathleen McInnes  FWCFB 1440), the Full Bench of the Commission has...more
The line between conduct that may be said to have taken place within or outside the workplace is often quite blurry. While the conduct of an employee in any part of their life has the potential to affect the reputation 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