IN THIS UPDATE: with Woolworths in the spotlight the era of ‘wage theft’ continues, we have the latest non-standard work (labour hire and gig work) developments, we had an important industrial ruling on travel time, there is a labour hire licensing update for Victoria, news on the varied Modern Awards and some new FWC forms … Read more
It’s hard to believe that it has been more than a year since we held our well attended mental health in the workplace breakfast seminar at the RACV Club. We have seen some important developments in workplace safety and mental health over the last year. It seems that bullying and harassment has been one of … Read more
This update comes at a time when people and businesses in Queensland and New South Wales are dealing with the aftermath of a recent bushfire crisis. In addition to the fire damage, recovery bill and insurance claims that will flow from these devastating bushfires, a recent Victorian Supreme Court jury finding is a reminder for businesses … Read more
This is the first in a 4 part series of posts on ‘Managing Performance in the Age of Adverse Action Claims’, and is based on a presentation and paper delivered by Michael Cochrane (Special Counsel) on the Television Education Network (TEN) on 13 November 2019. Since their enactment a decade ago, the general protections provisions … Read more
Over the last 12-18 months we have seen demand in the food & beverage industry accelerate in all sectors, tempered only by the horrifying drought which continues to cause enormous pain in so many parts of the industry. Against this current struggle, we have observed that the long-term cycle still creates incredible incentive to revitalise … Read more
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
