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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).

Published - 23/04/18

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.

Published - 17/04/18

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.

Published - 16/04/18

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.

Published - 12/04/18

FAMILY AND DOMESTIC VIOLENCE LEAVE CASE

A further decision in the Fair Work Commission’s Family and Domestic Violence Leave Case is reserved.

Published - 12/04/18

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.

Published - 10/04/18

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.

Published - 05/04/18

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.

Published - 04/04/18

AMENDMENTS TO THE FAIR WORK REGULATIONS – CORRUPTING BENEFITS

Amendments to the Fair Work Regulations relating to ‘Corrupting Benefits’ came into operation on 29 January 2018.

Published - 04/04/18

LABOUR HIRE LICENSING LEGISLATION IN QUEENSLAND, SOUTH AUSTRALIA AND VICTORIA

The State Parliaments in Queensland and South Australia have passed legislation to create a licensing scheme for the supply of labour across all industries.

Published - 29/03/18

LABOR PARTY’S WORKPLACE RELATIONS POLICY PROPOSALS

The Labor Party has been floating various workplace relations policy proposals that will be problematic for businesses if implemented.

Published - 27/03/18

Important Fair Work Commission Decision Relating to Fixed Term and Maximum Term Contracts

On 8 December 2017, a Full Bench of the Fair Work Commission handed down its decision in Khayam v Navitas English [2017] FWCFB 5162.

Published - 27/03/18

ABCC v CFMEU [2018] HCA 3: Decision – Courts Can Order Union Officials to Pay Their Own Fines

On 14 February 2018, the High Court confirmed the power of Courts to order union officials to pay their own fines.

Published - 22/03/18

Mondelez Case: The Meaning of a ‘Day’ for Personal/Carer’s Leave Entitlements

A large number of employers are exposed to substantial cost risks associated with a series of unfavourable decisions of the Fair Work Commission (Commission) and the Federal Court regarding the meaning of the expression ‘10 days of paid personal/carer’s leave’ in section 96 of the Fair Work Act.

Published - 22/03/18

APPOINTMENT OF ABCC COMMISSIONER

On 5 January 2018 the Australian Government announced the appointment of Mr Stephen McBurney as the Commissioner of the Australian Building and Construction Commission (ABCC) for a five year term commencing on 6 February 2018.

Published - 15/02/18

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).

Published - 13/02/18

Labour Hire Licencing Act 2017 (Qld)

The Queensland Labour Hire Licencing Act 2017 has been passed by the Queensland Parliament and will commence operation on 16th April 2018.

Published - 08/02/18

Family Friendly Work Arrangements Case

The ACTU is also pursuing a claim as part of the four-yearly review of modern awards that would give employees with parenting or other caring responsibilities an absolute right to part-time employment or reduced hours of work.

Published - 08/02/18

Family & Domestic Violence Leave Case

As part of the four-yearly review of modern awards, the ACTU attempted to claim a right of 10 days paid family and domestic violence leave for full-time employees in all modern awards, with 10 days unpaid family and domestic violence leave for casual employees.

Published - 08/02/18

“Corrupting Benefits” Amendments to the Fair Work Act 2009 (Cth) – Important Implications for Enterprise Bargaining

The “Corrupting Benefits” amendments to the Fair Work Act 2009 (Cth) commenced operation on 11 September 2017 and have significant implications for parties embarking on the enterprise bargaining process.

Published - 08/02/18

Casual and Part-Time Employment Case

Over the past two years, Ai Group has been representing employers’ interests in the Casual and Part-Time Employment case as part of the Fair Work Commission’s four-yearly review of modern awards.

Published - 08/02/18

Equal Remuneration Order under the Social, Community, Home Care and Disability Services Industry Award 2010

Employers should be aware of the continued operation of the Equal Remuneration Order (ERO) under the SCHADS Award.

Published - 08/02/18

Fair Work Commission 4 Yearly Review of Modern Awards – Applications to Vary the Social, Community, Home Care and Disability Services Industry Award 2010

Ai Group is currently representing members’ interests in the review of the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award), part of the Fair Work Commission’s four-yearly review of modern awards.

Published - 08/02/18

UPDATE ON LABOUR HIRE LICENSING LEGISLATION IN QUEENSLAND, SOUTH AUSTRALIA AND VICTORIA

The State Parliaments in Queensland and South Australia have passed legislation to create a licensing scheme for the supply of labour across all industries.

Published - 08/02/18

HIGH COURT REX AIRLINES V AFAP DECISION RE. UNION ELIGIBILITY TO REPRESENT

On 13 December 2017 the High Court handed down its decision in Regional Express Holdings Limited v Australian Federation of Air Pilots [2017] HCA 55.

Published - 06/02/18

HIGH COURT ESSO V AWU DECISION – IMPLICATIONS FOR PROTECTED INDUSTRIAL ACTION

On 6 December 2017 the High Court’s decision in Esso Australia Pty Ltd v Australian Workers’ Union; Australian Workers’ Union v Esso Australia Pty Ltd [2017] HCA 54 clarifies that employees and unions cannot take or organise protected industrial action if they have failed to comply with any relevant order of the FWC at any time during the bargaining process for an enterprise agreement.

Published - 06/02/18

HIGH COURT ALDI V SDA DECISION – IMPLICATIONS FOR THE BETTER OFF OVERALL TEST AND GREENFIELDS AGREEMENTS

On 6 December 2017, the High Court handed down its decision in the case of ALDI Foods Pty Ltd v Shop, Distributive & Allied Employees Association [2017] HCA 53.

Published - 31/01/18

STANDARD AWARD CLAUSE ALLOWING AN EMPLOYER TO DEDUCT MONIES FOR NOTICE NOT GIVEN BY AN EMPLOYEE

Ai Group is strongly opposing arguments of the unions and employer group Australian Business Industrial that the standard award clause which enables an employer to deduct monies for notice of termination not given by an employee, is inconsistent with the Fair Work Act 2009 and must be removed from awards.

Published - 31/01/18

FAIR WORK COMMISSION LOADED RATES IN AGREEMENTS CASE

On 15 November 2017 a hearing before a 5 Member Full Bench of the Fair Work Commission (FWC) took place in the Loaded Rates in Agreements Case.

Published - 30/01/18

COMMENCEMENT OF THE NEXT 4 YEARLY REVIEW OF AWARDS

The Fair Work Act 2009 requires that the next 4 Yearly Review of Awards commence as soon as practicable after 1 January 2018.

Published - 30/01/18

FAIR WORK COMMISSION FULL BENCH DECISION PROTECTS HORTICULTURE INDUSTRY FROM MILLIONS OF DOLLARS IN BACK PAY RISKS

On 16 November 2017, a Full Bench of the FWC handed down a decision in a major case concerning the coverage of the Horticulture Award 2010 (Horticulture Award).

Published - 25/01/18

FAIR WORK BILLS BEFORE PARLIAMENT

Three important workplace relations Bills are before Parliament: the Fair Work Amendment (Proper Use of Worker Benefits) Bill 2017, the Fair Work Amendment (Repeal of 4 Yearly Reviews of Modern Awards and Other Measures) Bill 2017 and the Fair Work (Registered Organisations) Amendment (Ensuing Integrity) Bill 2017.

Published - 22/01/18

OPPOSITION PARLIAMENTARY TACTICS DURING THE LAST WEEK OF PARLIAMENT CREATED SIGNIFICANT IR RISKS FOR EMPLOYERS

During the last fortnight of Parliament for 2017, the Opposition, the Greens and various Crossbenchers endeavoured to have legislation passed that would have led to the Fair Work Commission’s (FWC) Penalty Rates Decision being overturned, and would have resulted in the FWC being stripped of the power to make any award changes that reduce take-home pay for any employees.

Published - 22/01/18

FAMILY AND DOMESTIC VIOLENCE LEAVE CASE

On 20 October 2017, hearings concluded in the Fair Work Commission’s Family and Domestic Violence Leave Case.

Published - 13/12/17

INCREASED RESPONSIBILITIES FOR FRANCHISORS AND HOLDING COMPANIES UNDER THE FAIR WORK ACT

On 27 October 2017, amendments to the Fair Work Act 2009 (FW Act) imposing increased responsibilities on franchisors and holding companies for breaches of workplace laws and instruments by franchisees and subsidiaries came into operation.

Published - 13/12/17

FAIR WORK (REGISTERED ORGANISATIONS) AMENDMENT (ENSURING INTEGRITY) BILL 2017

On 12 October 2017, the Senate Committee which inquired into the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017 tabled its report in Parliament.

Published - 11/12/17

FAIR WORK AMENDMENT (ABOLITION OF 4 YEARLY REVIEWS OF MODERN AWARDS AND OTHER MEASURES) BILL 2017

The passage of the Fair Work Amendment (Abolition of 4 Yearly Reviews of Modern Awards and Other Measures) Bill 2017 Bill through Parliament has been complicated due to a Labor proposal to amend the Bill to include provisions which would overturn the Fair Work Commission’s (FWC) Penalty Rates Decision in February 2017.

Published - 11/12/17

FAIR WORK LAWS AMENDMENT (PROPER USE OF WORKER BENEFITS) BILL 2017

On 19 October 2017, the Federal Government introduced the Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017 into Parliament.

Published - 08/12/17

QUEENSLAND LABOUR HIRE LICENSING ACT 2017

The Queensland Labour Hire Licensing Act 2017 has been passed by the Queensland Parliament.

Published - 30/11/17

BUILDING CODE 2016 DEVELOPMENTS

Important new requirements came into operation under the Code for the Tendering and Performance of Building Work 2016 (Building Code 2016) on 1 September 2017.

Published - 29/11/17

AWARD VARIATIONS TO IMPLEMENT THE FWC’S CASUAL AND PART-TIME EMPLOYMENT DECISION

The FWC has not yet determined the specific terms of the model casual conversion clause to implement the Commission’s July 2017 decision in the Casual and Part-time Employment Case.

Published - 29/11/17

FAMILY FRIENDLY WORK ARRANGEMENTS CASE

On 31 October, Ai Group filed its submission and evidence in the FWC’s Family Friendly Work Arrangements Case after months of detailed and hard work.

Published - 20/11/17

FAMILY AND DOMESTIC VIOLENCE LEAVE CASE

On 1 October 2017, Ai Group filed a further submission in the FWC’s Family and Domestic Violence Leave Case.

Published - 15/11/17

SENATE INQUIRY INTO THE GREENS’ FAIR WORK AMENDMENT (PAY PROTECTION) BILL 2017

On 25 August 2017, Ai Group appeared before a Senate Committee which inquired into the Greens’ Fair Work Amendment (Pay Protection) Bill 2017.

Published - 09/11/17

FAIR WORK AMENDMENT (ABOLITION OF 4 YEARLY REVIEWS OF MODERN AWARDS AND OTHER MEASURES) BILL 2017

The Fair Work Amendment (Abolition of 4 Yearly Reviews of Modern Awards and Other Measures) Bill 2017 was listed for debate during the August and September 2017 Parliamentary sittings but the Parliament did not have time to deal with the Bill.

Published - 09/11/17

Full Bench quashes decision that Captain’s dismissal for failing a pre-departure RBT was unfair

A three-member Fair Work Commission Full Bench in Farstad Shipping (Indian Pacific) Pty Ltd T/A Farstad v Mr Jurgen Rust; Mr Jurgen Rust v Farstad Shipping (Indian Pacific) Pty Ltd T/A Farstad [2017] FWCFB 4738 has quashed Commissioner Bissett’s decision  (Jurgen Rust v Farstad Shipping (Indian Pacific) Pty Ltd T/A Farstad [2017] FWC 3426) that Captain Jurgen Rust was unfairly dismissed for breaching Farstad’s drug and alcohol policy when he failed a random blood alcohol test.  

Published - 09/11/17

FAIR WORK LAWS AMENDMENT (PROPER USE OF WORKER BENEFITS) BILL 2017

Employment Minister Michaelia Cash’s announced on 12 September 2017 that a Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017 will shortly be introduced into Parliament.

Published - 06/11/17

FAIR WORK (REGISTERED ORGANISATIONS) AMENDMENT (ENSURING INTEGRITY) BILL 2017

On 28 September 2017, Ai Group appeared before a Senate Committee hearing into the Federal Government’s Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017.

Published - 31/10/17

PROPOSED AMENDMENTS TO THE FRANCHISING CODE

Ai Group has made a submission to the Federal Government seeking an important amendment to the Franchising Code of Conduct to preserve fairness for businesses, given the passage of the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 through Parliament.

Published - 26/10/17

FAIR WORK AMENDMENT (PROTECTING VULNERABLE WORKERS) ACT 2017

Most of the amendments made to the Fair Work Act as a result of the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 came into operation on 15 September 2017.

Published - 23/10/17

CORRUPTING BENEFITS’ AMENDMENTS TO THE FAIR WORK ACT – IMPORTANT IMPLICATIONS FOR ENTERPRISE BARGAINING

Corrupting Benefits amendments to the Fair Work Act came into operation on 11 September 2017.

Published - 18/10/17

Ai Group instrumental in penalty rates Full Federal Court win

On 12 October 2017, the Full Federal Court has confirmed that the Australian Industry Group successfully defended the SDA and United Voice challenge to the Penalty Rates Decision from the Fair Work Commission.

Published - 12/10/17

UK REVIEW OF MODERN WORKPLACES, INCLUDING THE GIG ECONOMY

On 11 July 2017, the UK Prime Minister Theresa May launched the final report of the Taylor Review into Modern Work Practices.

Published - 21/09/17

VICTORIAN LONG SERVICE LEAVE BILL 2017

On 12 August 2017, the Victorian Government announced its intention to introduce the Long Service Leave Bill 2017 into Parliament that would replace the Victorian Long Service Leave Act 1992.

Published - 21/09/17

QUEENSLAND LABOUR HIRE LICENSING BILL 2017

The Queensland Government’s Labour Hire Licensing Bill 2017 was introduced into Parliament in May 2017.

Published - 21/09/17

Accrual of annual leave and personal/carer’s leave during workers’ compensation absences

Since the Fair Work Act was implemented in 2009 there has been a great deal of debate and uncertainty about whether or not annual leave and personal/carer’s leave accrues during workers’ compensation absences.

Published - 21/09/17

SENATE INQUIRY INTO THE GREENS’ Fair Work Amendment (Pay Protection) Bill 2017 

A Senate Committee is inquiring into the Fair Work Amendment (Pay Protection) Bill 2017 which was introduced into Parliament earlier this year by the Greens.

Published - 21/09/17

PENALTY RATES INQUIRY

On 24 July 2017, Ai Group filed a detailed submission in a Senate Penalty Rates Inquiry.

Published - 21/09/17

FAMILY AND DOMESTIC VIOLENCE LEAVE CASE

Ai Group made a further submission on 1 September 2017 on the “preliminary view” of the Full Bench in the Family and Domestic Violence Leave Case that all award-covered employees should have access to unpaid domestic violence leave and should be able to access their personal/carer’s leave for domestic violence purposes.

Published - 21/09/17

Building code 2016 DEVELOPMENTS

Key transitional arrangements applying to the Code for the Tendering and Performance of Building Work 2016 (Building Code 2016) came to an end on the 31 August 2017.

Published - 21/09/17

FAIR WORK (REGISTERED ORGANISATIONS) AMENDMENT (ENSURING INTEGRITY) BILL 2017

On 16 August 2017, the Federal Government introduced the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017 into Parliament.

Published - 13/09/17

JUDICIAL REVIEW OF THE FAIR WORK COMMISSION’S PENALTY RATES DECISION

The Shop, Distributive and Allied Employees Association (SDA) and United Voice have applied to the Federal Court for judicial review of the FWC’s Penalty Rates Decision in which the Commission decided to reduce Sunday penalty rates in the fast food, retail and hospitality industries.

Published - 13/09/17

Rates of pay: Tenders due today

Employers regularly secure work by tendering for contracts on projects which include pricing for materials and labour.

Published - 06/09/17

Working with children checks: Prior criminal convictions

For many employers, employees may require government clearances to perform their duties.

Published - 30/08/17

Termination: 6 minutes on the phone instead of 6 months in Court

Employees can be engaged with a variety of employment arrangements. These include awards, enterprise agreements, contracts or sometimes, Australian Workplace Agreements (AWA’s).

Published - 23/08/17

Employer payments to Unions and new bargaining requirements: New laws in place

On 10 August 2017, the Fair Work Amendment (Corrupting Benefits) Act 2017 (Corrupting Benefits Act) was passed by Parliament.

Published - 16/08/17

Bullying: Prevention before the Fair Work Commission steps in

The recent Fair Work Commission decisions in Brown v Park Beach Bowling Club Limited [2017] FWC 896 (Park Beach Bowling) highlights several important issues for employer’s who are subject to a complaint of bullying.

Published - 16/08/17

Employee Surveys: Help or hindrance

Employee surveys can provide great feedback about the current sentiment, mood and opinions of employees.

Published - 09/08/17

SECTIONS 18C AND 18D OF THE RACIAL DISCRIMINATION ACT AND THE AHRC’s PROCESSES

Recently an inquiry into Freedom of Speech was conducted by the Parliamentary Joint Committee into Human Rights.

Published - 02/08/17

REFORMS TO ADDRESS CORPORATE MISUSE OF THE FAIR ENTITLEMENTS GUARANTEE SCHEME

The Federal Government is currently considering reforms to the Corporations Act 2001 to curtail alleged misuse by employers and insolvency practitioners of the Fair Entitlements Guarantee Scheme (FEG).

Published - 26/07/17

BUILDING CODE 2016 DEVELOPMENTS

On 9 August 2017, the Senate will consider a motion proposed by Labor Senator Doug Cameron that the Code for the Tendering and Performance of Building Work 2016 (Building Code 2016) be disallowed.

Published - 19/07/17

Implementation of the FWC’s annual wage review and penalty rates decisions

Two pay adjustments were operative from 1 July 2017 –  the Annual Wage Review (AWR) increase and some sensible adjustments to Sunday penalty rates in the fast food, retail and hospitality industries.

Published - 13/07/17

FWC casual and part-time employment decision

On 6 July, a five-Member Full Bench of the Fair Work Commission’s (FWC) handed down its decision in the Casual and Part-time Employment Case.

Published - 13/07/17

Family and domestic violence leave case

Split decisions have been issued by the three Members of the FWC Full Bench that heard the Family and Domestic Violence Leave Case in which the ACTU sought 10 days of paid domestic violence leave.

Published - 13/07/17

Increased Wage Rates and Allowances

The Expert Panel of the Fair Work Commission has handed down its Annual Wage Review 2016-17 Decision. 

Published - 29/06/17

What to do when an employee is called up for jury duty?

Jury duty doesn’t come up often. However, when employees are called to make a contribution to our judicial system it can be impactful on your workplace for a few hours or maybe as long as a few months.

Published - 21/06/17

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