News & Analysis as of

Fair Work Commission

Health Alert (Australia) 17 July 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 June 2017 - Dr Praneal Dutt Sharma v Dr Phillip Segal and Dr Greg Chen [2017] NSWSC 867 - CONTRACT – commercial agreement...more

Health Alert (Australia) 27 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 22 June 2017 - Dorris Maharaj v Northern Health [2017] FWC 2997 - Application for relief from unfair dismissal – dismissal harsh,...more

Health Alert (Australia) 19 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 9 June 2017 - Health Services Union v St John of God Health Care [2017] FWC 2981 - Alleged dispute arising under an enterprise...more

Health Alert (Australia) 12 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 7 June 2017 - Al Muderis v Duncan (No 3) [2017] NSWSC 726 - DEFAMATION – assessment of damage – highly respected orthopaedic...more

Australian Minimum Wages to Rise by 3.3%

by Littler on

The Australia Fair Work Commission’s minimum wage panel decision issued on June 6, 2017, has increased modern award minimum wages by 3.3%. The decision also lifts the Australian federal weekly full-time minimum wage from...more

Health Alert (Australia) 5 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 May 2017 - Mrs Nicole Webb v The Trustee for SWC Unit Trust T/A Salisbury Day Surgery [2017] FWC 2573 - Application for relief from...more

What Do You Do When You're Paying Your Employees Too Much?

by K&L Gates LLP on

What does an employer do when it decides that it cannot afford to continue to employ an employee at his or her current remuneration? A recent case of the Fair Work Commission has determined that these circumstances do not...more

Unfair Dismissal Jurisdiction Available to High-Earning Employee

by K&L Gates LLP on

A recent decision of the Fair Work Commission (FWC) serves as a timely reminder to employers that employees earning over the high income threshold aren't necessarily excluded from the unfair dismissal jurisdiction. There are...more

Health Alert (Australia) 29 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 12 May 2017 - White v State of Queensland (Central Queensland Hospital and Health Service) [2017] QIRC 41 - INDUSTRIAL LAW –...more

Health Alert (Australia) 22 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 16 May 2017 - Realview Holdings Pty Ltd And City Of Busselton [2017] WASAT 71 - Town planning - Development application - Land use...more

Health Alert (Australia) 15 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 5 May 2017 - Inquest into the death of Heather Fotiades [2017] NTLC 012 Medical practitioners prescribing high dose opioids for...more

Health Alert (Australia) 8 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 2 May 2017 - Australian Competition and Consumer Commission v Social-Lites Pty Ltd [2017] FCA 398 - TRADE PRACTICES – misleading...more

Penalty Goal

by K&L Gates LLP on

The full bench of the Fair Work Commission’s decision to reduce the penalty rates payable under awards covering employees in the Retail and Hospitality industries has sparked a furore of political and media...more

Health Alert (Australia) May 1, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 21 April 2017 - ILS Rehab Pty Ltd v Josephine Borg (as administrator of the estate of the late Damien Robert Borg) [2017] NSWSC 442...more

Health Alert (Australia) April 24, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 April 2017 - Medical Board Of Australia and Nuttall [2017] WASAT 58 - National Law - Professional misconduct - Advice - Lacking...more

Anti-bullying order used to stop employer from finalising a misconduct investigation and taking disciplinary action

by Dentons on

What orders can the FWC make? The FWC can make binding orders when it is satisfied that a worker has been bullied at work and there is a risk that the bullying will continue. The possible orders are far-reaching. To...more

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

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