By a narrow majority, the High Court of Australia has held that the termination of an employee for holding up a "scab" sign while engaging in lawful industrial activity did not breach the Fair Work Act 2009 (Cth). The Court's...more
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
As required by the Fair Work Act 2009 (Cth), the Fair Work Commission has commenced its first comprehensive four yearly review of modern awards this week releasing details of the preliminary stages of the review. The review...more
Earlier this month, the Federal Court in Western Australia dismissed an application made by the Fair Work Ombudsman, alleging contravention of the Fair Work Act 2009 (Cth) (Fair Work Act) by several foreign and...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
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
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 Policy -
Yesterday, the Coalition released its workplace relations policy, The Coalition's Policy to Improve the Fair Work Laws (Policy), which promises that no Australian worker will be worse off and businesses...more
As discussed in our previous Legal Insight on 18 February 2013, the Commonwealth Government has followed through on its promise to move quickly in amending the Fair Work Act 2009 (Cth) (FW Act) with the Fair Work Amendment...more
The Australian Federal Workplace Relations Minister, Bill Shorten, recently announced changes that will allow employees to seek assistance in respect of workplace bullying from the Fair Work Commission (FWC).
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