Fair Work Commission

News & Analysis as of

Adverse Action Provisions Apply to NSW Government Entities!*

* 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?

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

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

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

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

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?

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?

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

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

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

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

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