News & Events

Termination of employment upheld despite the termination being “bereft of procedural fairness”

February 10, 2021

On 27 January 2021, the Fair Work Commission (FWC) handed down its decision in Jacob Battle v Macleay Options Inc [2021] FWC 237. The FWC considered whether the termination of the Applicant’s employment with the Respondent, Macleay Options, amounted to unfair dismissal considering the... Read more

“Obvious impracticability” of sanitising a koala justified employer making an employee redundant

January 27, 2021

On 16 July 2020, the Fair Work Commission handed down its decision in Samuel McClelland v Kamori Australia Pty Ltd t/a Lone Pine Koala Sanctuary [2020] FWC 3707 which determined whether the Respondent’s decision to terminate the Applicant’s employment amounted to unfair dismissal... Read more

Court held “Re-negotiation” is defined as when a new agreement is reached, not when the parties first commence bargaining

January 27, 2021

On 22 October 2020, the Federal Court handed down its decision in Australian Rail, Tram and Bus Industry Union v Qube Logistics (Rail) Pty Ltd [2020] FCA 1520 which dealt with interpretation of an enterprise agreement term in relation to the meaning of... Read more

Workplace outburst and swearing justified dismissal

October 12, 2020

There are times when bad language may form part of a valid reason for dismissal, but as a recent decision of the Fair Work Commission (FWC) demonstrates, the context and surrounding circumstances play a crucial role. The employee in this... Read more

Extension of Jobkeeper Scheme and Associated Fair Work Act Provisions

September 25, 2020

The Federal Government has extended the provisions in Part 6-C of the Fair Work Act 2009 (Cth) which enable JobKeeper eligible employer to issue various directions to eligible employees. This extends the provisions until 28 March 2021 – the same... Read more

High Court Special Leave Application Filed Re. Federal Court’s Workpac V Rossato Casual Employment Decision

September 21, 2020

On 17 June 2020, WorkPac applied to the High Court for special leave to appeal the decision of the Full Federal Court in the WorkPac v Rossato case. The case concerns the meaning of a ‘casual employee’ under the Fair... Read more

Amendments to the Paid Parental Leave Act

September 17, 2020

Amendments have been made to the Paid Parental Leave Act 2010 to introduce greater flexibility for eligible employees to claim parental leave payments under the Federal Government’s Paid Parental Leave Scheme.  The amendments will impact how employers manage arrangements for... Read more

Coverage of SA Labour Hire Licensing Legislation Narrowed

September 14, 2020

The coverage of the South Australian labour hire licensing scheme has been narrowed. The legislative changes are operative from 20 July 2020.  The South Australian labour hire licensing scheme now only applies to providers and users of labour hire where... Read more

Labour Hire Licensing Legislation Passed by the ACT Parliament

September 12, 2020

The Australian Capital Territory Parliament has passed the Labour Hire Licensing Act 2020 (ACT) which will require providers of labour hire services to hold a licence, and users of labour hire services to only use licensed providers.  The ACT legislation... Read more

High Court Decision Preserves Longstanding Industry Practice Regarding Personal/Carer’s Leave Accruals

September 7, 2020

The High Court of Australia has overturned the Federal Court’s problematic interpretation of the personal/carer’s leave provisions of the Fair Work Act in the Mondelez v AMWU case. The successful outcome was the result of three years of hard work... Read more