Fair Work Commission

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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

Road Safety Remuneration Tribunal to Order Minimum Conditions for Drivers

On 1 July 2012, the Road Safety Remuneration Act 2012 (Cth) (Act) came in to force imposing requirements on employers across the road transport industry to meet new remuneration and employment standards for their drivers....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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