IN THIS UPDATE: Mondelez v AMWU, minimum wage changes, modern awards, enterprise bargaining, labour hire licensing, the SKM appeal case, and recent developments in industrial manslaughter. The financial year is well underway and with the decision of the Full Court of the Federal Court in Mondelez v AMWU [2019] FCAFC 138, it really has started with a … Read more
A recent unfair dismissal decision of the Fair Work Commission highlights that it is never enough to merely establish that an employer had a reasonable belief that a performance-based termination was for a “valid reason”. Rather, the Commission still needs to make a finding on the balance of probabilities that the performance was, in fact, … Read more
If you’re a retailer in a shopping centre or a Home Co, or an owner/operator of premises in an industrial park, this recent case regarding traffic management may be of interest to you. A retailer has avoided prosecution for breaches of the work health safety legislation in the Northern Territory this month by entering into … Read more
By Adrian Faelli (Lawyer) and Michael Cochrane (Special Counsel) The Full Bench of the Fair Work Commission has finalised* its examination of annualised wage arrangements as part of the 4 yearly Modern Awards review. From 1 March 2020, certain Modern Awards will contain 1 of 4 new ‘Model Clauses’ that expand an employer’s record-keeping, payment … Read more
Michael Cochrane (Special Counsel) and Adrian Faelli (Lawyer) share their insights on the latest trends in the gig economy. Last month, the Fair Work Ombudsman (FWO) decided to discontinue its well-publicised Federal Court underpayments claim against Foodora Australia following the company’s administration and subsequent exit from the Australian market. While gig economy businesses (and businesses … Read more
By Michael Cochrane (Senior Associate), Josephine Mammone (Trainee Lawyer) and Stephanie Koumbarakos (Trainee Lawyer) There has been much discussion about the macroeconomic picture of our workplace relations system in recent times with the gig economy, “wage theft”, the ACTU’s “change the rules” campaign, enterprise bargaining trends – and of course that leadership circus in Canberra … Read more
Unfortunately, the hype you will have seen since the handing down of the recent decision of the Full Court of the Federal Court in WorkPac Pty Ltd v Skene [2018] FCAFC 131 on Thursday is not misplaced. It is a decision that affects all employers who employ casuals, not just those in the labour-hire space. SUMMARY: key … Read more
The effect of fatigue on road safety is a critical issue for the road transport industry and the broader community. Self-monitoring and self-reporting are ineffective controls in reducing serious or fatal fatigue related road accidents. Technology can be used as a proactive safety tool with the capacity to reduce safety incidents. In two recent cases, … Read more
Having acted for corporate accused who have been exposed to the inefficiency and costs of running a plea twice (in the summary and then appellate jurisdiction) on the same evidence, material and submissions, the amendments proposed by the Justice Legislation Amendment (Unlawful Association and Criminal Appeals) Bill 2018 are welcome. Current position An appeal by … Read more
