Redundancy – Court rules on ‘ordinary and customary turnover of labour’ exception

In a significant decision, Rares and Collier JJ (with whom Rangiah J “broadly” agreed) have held in the case of Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113 (Decision) (available here) that long-standing employees dismissed when long-standing contracts that had been the basis for the work that they were employed to do ended … Read more

Making reasonable Jobkeeper directions – employer lessons from TWU v Prosegur

The Full Bench of the Fair Work Commission upheld an appeal by the Transport Workers’ Union on Monday quashing an earlier decision of the Fair Work Commission that the employer Prosegur Australia Pty Limited’s Jobkeeper directions were reasonable. This decision provides the first Full Bench authority on the reasonableness test required by s. 789GK of … Read more

New workplace manslaughter criminal offences – are you ready?

Victorian businesses face new workplace manslaughter laws under the Occupational Health and Safety Act 2004 (Vic) commencing on 1 July 2020. We have been advising businesses and holding training sessions on these news laws to assist companies and their officers to understand and rectify any gaps where there may be potential exposure. Given the hefty … Read more

IT company’s termination based on “vague” task list ruled unlawful

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