Fair Work Act

News & Analysis as of

Senate Passes "Circuit-Breaker" Greenfields Negotiations Amendments

The Senate yesterday passed amendments to the Fair Work Amendment Bill 2014 (Bill) that, if accepted by the Government in the House of Representatives, will establish a new process for negotiating single-enterprise...more

Employment Update (Australia) It's Easy to Complain: General Protections

On 4 August 2015, the Federal Government's Productivity Commission (PC) released its draft report in relation to Australia's workplace relations framework (available here). In its report, the PC proposes the following...more

Australia: Tribunal Defines "Place of Work" for Off-Duty Misconduct Purposes, Finds Unfair Dismissal Due to Procedurally Defective...

Australia's Fair Works Commission ("FWC") recently handed down its decision in Keenan v. Leighton Boral Amey Joint Venture. In this case, the FWC defined "place of work" with respect to an employee's off-duty conduct, and...more

Whistleblowing: An Employer’s Guide To Global Compliance

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

Guide To Doing Business in Australia: Employment and Industrial Laws (Updated)

EMPLOYMENT AND INDUSTRIAL LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Employment relationships in Australia are regulated at a number of levels and by a range of statutory and quasi-statutory instruments. Which...more

Full Federal Court Cleans Up the Mess on Light Brownfields Enterprise Agreements

The Full Court of the Federal Court (Court) has handed down its decision in Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2015] FCAFC 16 (24 February 2015) which clarifies the approval process for...more

High Court confirms no magic cloak for union activities

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

Facing the looming economic threat: Third parties retain the right to intervene in threatened industrial action

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

Time to Gear up for Four Yearly Review of Modern Awards

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

No Fair Work Act for Foreign Rig Workers

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

Australia: Accommodation is not a 'payment' - the Mammoet Case

We have now had just over a week to consider the effect of the Mammoet Case (CFMEU v Mammoet [2013] HCA 36). In the Mammoet Case, the High Court unanimously allowed an appeal from a decision of the Federal Court of...more

Australia: Termination Of Employment - Best Practice Guide

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

Australia: Bargaining Under The Fair Work Act - Best Practice Guide

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

Australia: Right Of Entry For Unions - Best Practice Guide

OVERVIEW - 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 - To...more

Steady As She Goes – Coalition Tweaks Fair Work Laws Creating a Glimmer of Hope for Employers

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

Fair Work Amendment Bill 2013 Enters Parliament

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

Proposal for Fair Work Commission to Address Workplace Bullying

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). The...more

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