News & Analysis as of

Fair Work Commission

It pays to be genuine

by Dentons on

A commercial reality in today’s business world is the very real pressure on employers to reduce costs, which can often result in a necessary reduction in employers’ workforces. Redundancy, and what will be considered to be a...more

Monthly Update—Australian Labour & Employment - February 2017

by Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more

Health Alert (Australia) March 13, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 7 March 2017 - Mrs Glenyce Ham v Dr Allan Clarke T/A CJ Orthopaedics Pty Ltd [2017]...more

Health Alert (Australia) February 27, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 20 February 2017 - Renton v Bendigo Health Care Group [2017] FWC 921 -...more

Penalty rates in Hospitality and Retail modern awards cut

by DLA Piper on

Summary - In a landmark ruling, the Fair Work Commission Full Bench has reduced Sunday penalty rates in the hospitality, retail, fast food and pharmacy sectors and reduced public holiday penalties in those sectors and,...more

Fair Work Calls Time on Penalties

by K&L Gates LLP on

The Full Bench of the Fair Work Commission has handed down its decision on weekend and public holiday penalty rates in the Hospitality and Retail industries. This is a significant change for employers in only these two...more

Fair Work Commission cuts penalty rates for the hospitality and retail industries

by Dentons on

The Fair Work Commission yesterday handed down its long awaited decision to reduce the penalty rates for Sunday and public holiday work payable under a number of awards. These include the Hospitality Industry (General) Award...more

Beyond the Job Description – the Importance of Determining the Inherent Requirements of a Job

by K&L Gates LLP on

Returning an injured employee to the workforce can be a slow and sometimes costly process. Employers need to manage their obligation to provide all employees with a safe place to work with the need to ensure work commitments...more

Strike Out! Redundancies Permitted After Strike Action

by K&L Gates LLP on

In August 2016, workers at Anglo Amercian's German Creek coal mine in Central Queensland engaged in a protracted period of industrial action during bargaining negotiations for a new enterprise agreement. In order for mining...more

Health Alert (Australia) November 21 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 16 November 2016 - Page v Healthscope Operations Pty Ltd [2016] NSWSC 1608 - PRACTICE AND PROCEDURE...more

Adverse Action Provisions Apply to NSW Government Entities!*

by K&L Gates LLP on

* Well, not really…but we got your attention! And the heading is not as misleading as you might think… Of course, the general protections provisions in the Fair Work Act 2009 (Cth) (FW Act), and in particular, the...more

How about the 'Service'? Does Casual Employment Count?

by K&L Gates LLP on

A recent decision of the Full Bench in AMWU v Donau Pty Ltd [2016] FWCFB 3075 (Donau) has held that a permanent employee's initial regular and systematic casual employment will now be included in their service period for...more

Take It or Leave It

by K&L Gates LLP on

Annual leave for many employees is not annual – they bank it, they don't have a rest from work and the leave liability of the employer grows. Other employees can't get enough and want to cut into future entitlements....more

Full Federal Court Isolates Vague Notices and Tags Out Broad Stop Industrial Action Orders

by K&L Gates LLP on

A company is in protracted negotiations with its workforce and the union representing its employees in an effort to finalise a new enterprise agreement. The gridlock has had the consequence of employees organising themselves...more

Up We Go Again – Financial Threshold Increases Effective 1 July 2016

by K&L Gates LLP on

Employers should be alert to the threshold changes which come into effect on Friday 1 July 2016 when the 2016/17 financial year commences in Australia. Below we provide a summary of the changes and what they mean in...more

Medical devices employee predominately undertaking sales activities not covered by the Commercial Sales Award

by DLA Piper on

The Fair Work Commission (FWC) has allowed a jurisdictional objection by Globus Medical that its former Area Manager for Queensland was not covered by the Commercial Sales Award 2010 and therefore he could not bring an unfair...more

Bargaining with the devil: in whose interest?

by Seyfarth Shaw LLP on

In his book Bargaining with the Devil, Harvard Professor Richard Mnookin probes the challenges and options available when negotiating with “a devil” – anyone you perceive as a harmful adversary. “The devil” is usually a...more

What lies beyond enterprise bargaining?

by Seyfarth Shaw LLP on

In 1993, the Keating government passed laws to move Australia towards a “system based primarily on bargaining at the workplace, with much less reliance on arbitration at the apex” (Laurie Brereton MP, Minister for Industrial...more

Employment Contract Taken To Task by Full Bench of the Fair Work Commission

by K&L Gates LLP on

Project contract goes out to tender. Contract is awarded. Contractor hires employees for contract work. Project comes to an end and contractor employees are terminated. It’s the circle of contractor life and a scenario we are...more

Productivity Commission Recommends Sweeping Changes to Australia's Workplace Relations System

by DLA Piper on

The Productivity Commission has now handed down its final report on Australia's workplace relations framework, with the report being publicly released by the Federal Government on 21 December 2015. We have reviewed the...more

Health Alert (Australia) - November 23, 2015

by DLA Piper on

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

by Seyfarth Shaw LLP on

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

by DLA Piper on

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

by DLA Piper on

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

by DLA Piper on

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

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