On 5 March 2018, a Full Bench of the FWC handed down its decision in 4 yearly review of modern awards – Public Holidays [2018] FWCFB 4.
Union Public Holiday Claims Rejected
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Licensing Legislation For The Supply Of Labour – Queensland, South Australia & Victoria
The Queensland Labour Hire Licensing Act 2017 commenced operation on 16 April 2018. Businesses that fall within the relevant coverage definitions in the Act and the Regulations have until 15 June 2018 to lodge a licence application. The South Australian Labour Hire...
Victorian Long Service Leave Bill 2017
Ai Group has made a submission to the Victorian Government expressing concern about some aspects of the Long Service Leave Bill 2017 (Vic). The Bill is before the Victorian Parliament and would replace the Long Service Leave Act 1992 (Vic). Follow the link for more details.
Final Report Of The O’callaghan Review Into Greenfields Agreements
On 15 February 2018, the Federal Government published the final report of former Fair Work Commission Senior Deputy President Matthew O’Callaghan into the greenfields agreement provisions of the Fair Work Act 2009.
Fair Work Commission Loaded Rates In Agreements Case
A 5 Member Full Bench of the Fair Work Commission has not yet issued directions for the next stage of the proceedings in the Loaded Rates in Agreements Case.
Award Variations Arising From The Casual And Part-time Employment Decision
A number of variations to specific awards arising from the Fair Work Commission’s 5 July 2017 Casual and Part-time Employment Decision ([2017] FWCFB 3541) are operative from 1 January 2018, including provisions imposing an obligation on employers to pay overtime penalties to casuals in the retail, fast food, and hair and beauty industries. The Fair Work Commission has still not determined the specific terms of the model casual conversion clause to implement the Commission’s decision.
Family And Domestic Violence Leave Case
A further decision in the Fair Work Commission’s Family and Domestic Violence Leave Case is reserved. After the rejection of the ACTU’s claim for 10 days of paid domestic violence leave per employee per year, the Fair Work Commission called for submissions and scheduled further hearings to consider arguments about unpaid family and domestic violence leave entitlements. The Full Bench has reserved its decision on what form unpaid family and domestic leave entitlements should take in awards.
Fair Work Commission Annualised Salaries Decision
On 20 February 2018, a Full Bench of the Fair Work Commission handed down an important decision in the 4 Yearly Review of Awards, the Annualised Wage Arrangements Decision [2018] FWCFB 154. In this case, a Full Bench of the Fair Work Commission reviewed the annualised salary clauses in those awards that contain such clauses, including the Clerks – Private Sector Award 2010 and 18 other awards.
Fair Work Commission Decision Regarding Sydney Trains
On 25 January 2018, Senior Deputy President Hamberger of the Fair Work Commission suspended the right of the employees of Sydney Trains and NSW Trains to take industrial action for six weeks (see Reasons for Decision, Sydney Trains; NSW Trains and The Hon. Dominic Perrottet, Minister for Industrial Relations (New South Wales) [2018] FWC 632). The decision avoided a planned strike on 29 January that would have caused major disruption for commuters and businesses.
CFMEU Fined $1 Million For Boral Secondary Boycott
In Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union (No 2) [2017] FCA 1191 (5 October 2017), the Federal Court has fined the CFMEU $1 million for engaging in an illegal secondary boycott of concrete supplier Boral. The CFMEU imposed the boycott because Boral supplied Grocon with concrete during its industrial dispute with the CFMEU in 2012.