Fair Work Commission

News & Analysis as of

Health Alert (Australia) - November 23, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments: Commonwealth. Federal Court - 17 November 2015 - Burnett v Eastern Health [2015] FCA 1247 The Federal Court of Australia...more

Managing redundancy entitlements in loss of contract situations

Employers who lose contracts to a competitor or outsource work can lessen the impact of redundancies if they plan ahead and engage with incoming contractors....more

Health Alert (Australia) - August 31, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpts from Judgments New South Wales (NSW) 28 August 2015 - Smith v Pennington [2015] NSWSC 1168 The Supreme Court gave judgement for the...more

Health Alert (Australia) - August 17, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales (NSW) 13 August 2015 - Waller v James [2015] NSWCA 232 The NSW...more

Health Alert (Australia) - August 10, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Victoria 3 August 2015 - AB v McKimm & Anor [2015] VCC 987 The County Court of Victoria granted an...more

First Formal Bullying Finding Highlights Scope of Potential Orders

The Fair Work Commission has handed down the first formal bullying decision since its anti-bullying jurisdiction commenced in January 2014. Factual background: The recent decision of C.F. [2015] FWC 5272 (5...more

Health Alert (Australia) - July 27, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Australia. Fair Work Commission. 23 July 2015 - Foley v Melbourne Health [2015] FWC 4821 The Fair Work Commission has...more

Australia: Significant Change in Determining Employee Access to Unfair Dismissal Claims

Australia’s Fair Work Commission (“FWC”), the country's industrial relations tribunal responsible for, among other things, setting and maintaining a safety net of minimum wages and other employment conditions under the Fair...more

Health Alert (Australia) - June 22, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: Victoria. Inquest Into the Death of Baby Chloe Lee Kellett - The Victorian Coroner investigated an infant's death from...more

Health Alert (Australia) - June 9, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: Australia. Fair Work Commission Marr v Western Health [2015] FWC 2970 The Fair Work Commission has held that it was...more

Australia: Get Set For a 2.5% Increase to Minimum Wages Effective July 1, 2015

Australia’s national minimum wage and modern award pay rates are set to increase by 2.5% starting July 1, 2015. On June 2, 2015, the Minimum Wage Panel (the Panel) of the Fair Work Commission announced an increase to the...more

Breach of a Safety 'Golden Rule' Does Not Give Employers an Absolute Unfair Dismissal Defence

A recent Fair Work Commission (FWC) decision reinforces that proving a work health and safety breach will not act as an impenetrable mantra to defend an unfair dismissal claim. Employers must prove they act consistently (and...more

The Bargaining Coach: FWC provides bargaining reality-check

The Bargaining Coach rarely comments on decisions of courts or tribunals. Plenty of others do that. This is a rare exception. Many of you will by now be aware of the Aurizon decision where a Full Bench of the Fair Work...more

When Dad is Left Holding the Baby…

The employment leave entitlement of a mother who has undergone birth by way of caesarean section is clear – but for fathers who are left holding the baby, it is often less clear cut. The Fair Work Commission (Commission) has...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

At work when you're not at work

With Christmas approaching, it is a good time to communicate with employees about boundaries, both in terms of acceptable conduct, and the parameters in which that conduct will be regulated. Work Christmas celebrations...more

How to use annual leave to respond to market conditions

Mining company Glencore recently reacted to a depressed coal price by announcing a three week shutdown during which employees would be asked to take annual leave. As the Christmas period approaches, all organisations should...more

Employment Update: Workplace Bullying – Snapshot Of Recent Developments

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

Fair Work Commission Bullying Decision Defines 'Reasonable Management Action'

On 12 May 2014, the Australian Fair Work Commission (FWC) handed down its first substantive ruling in the new bullying jurisdiction and, in doing so, provided some much needed guidance to employers as to what constitutes...more

Enterprise Agreement Carve Out Clarity: Are You In Or Are You Out?

The Federal Court has handed down a decision in John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FCA 286 (27 March 2014) which clarifies the approval process the Fair Work Commission (FWC) is...more

Workplace Bullying – Past Behaviour Relevant In Fair Work Commission's New Jurisdiction Update

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 [2014] FWCFB 1440), the Full Bench of the Commission has...more

Anti-Bullying Hurdles for the Life Sciences

First Decision for the Fair Work Commission's Anti-Bullying Regime - The Fair Work Commission’s (FWC) Anti-Bullying Regime opened its doors on 1 January 2014. The new Anti-Bullying Regime got off to a leisurely start...more

Fair Work Commission Dismisses Unfair Dismissal Claim Involving False Bullying Allegations

In handing down its recent decision in Hunter v The Commonwealth of Australia, represented by the Department of Sustainability, Environment, Water Population and Communities [2013] FWC 7917 (Hunter v Commonwealth), the Fair...more

FWA Increases Award Rates by 2.6%

The Fair Work Commission's Minimum Wage Panel (Panel) handed down its 2013 wage decision yesterday, ruling that all award rates of pay will increase by 2.6%, effective from the first wage period after 1 July 2013. The...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

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