Latest News and Case Studies - Ai Group Workplace Lawyers
Call ailegal
CALL US

1300 554 581

Menu 
Ai Legal News

DOWNLOAD REDUNDANCY
FACT PACK





INDUSTRY SECTOR:

Latest News

COUNCIL CEO DISMISSED AFTER FAILED INJUNCTION APPLICATION

On 18 February 2019, the New South Wales Supreme Court dismissed an application for an injunction which sought to prevent Parramatta City Council (Council) from terminating the employment of their CEO.

Published - 21/03/19

Australian Capital Territory – Secure Local Jobs Code

The Government Procurement (Secure Local Jobs) Amendment Act 2018 has been passed in the ACT Legislative Assembly. The Act underpins the introduction of the Secure Local Jobs Code and will apply to businesses tendering for ACT Government construction, cleaning, security and traffic management work from 15 January 2019.

Published - 21/03/19

VICTORIAN Long Service Benefits Portability Act

The Long Service Benefits Portability Act 2018 has been passed by the Victorian Parliament. The Act will establish portable long service leave schemes in the community services, contract cleaning and security industries, funded by an employer levy of up to 3% of ordinary pay.

Published - 21/03/19

NEW VICTORIAN LONG SERVICE LEAVE LAWS

The Long Service Leave Act 2018 (Vic) has been proclaimed to commence on 1 November 2018.

Published - 21/03/19

FAIR WORK COMMISSION ANNUAL REPORT

The Fair Work Commission has released its annual report for the 2017/18 financial year. The report contains some interesting statistics about enterprise agreement approvals, general protections applications and unfair dismissal applications.

Published - 21/03/19

GRAPHIC ARTS AWARD – COMPETENCY STANDARDS CASE

On 31 October 2018, a Full Bench of the Fair Work Commission heard submissions and evidence from The Australian Industry Group and the Australian Manufacturing Workers Union (AMWU) regarding the link between the classification structure and wage rates in the Graphic Arts, Printing and Publishing Award 2010 and the competency standards in the Printing and Graphic Arts Industry Training Package.

Published - 21/03/19

FAIR WORK COMMISSION 4 YEARLY REVIEW OF AWARDS – PAYMENT OF WAGES ON TERMINATION

The Fair Work Commission has issued determinations varying 89 modern awards to incorporate a model term dealing with payment of wages on termination of employment.

Published - 21/03/19

FAIR WORK COMMISSION 4 YEARLY REVIEW OF AWARDS – PLAIN LANGUAGE RE-DRAFTING OF STANDARD CLAUSES

The Fair Work Commission (FWC) has issued determinations varying 104 awards to insert re-drafted model clauses dealing with individual flexibility arrangements, consultation about major workplace change, consultation about changes to rosters or hours of work, dispute resolution, and termination of employment. The award variations are operative from 1 November 2018.

Published - 21/03/19

FWC 4 YEARLY REVIEW OF AWARDS – REASONABLE OVERTIME DECISION

As part of the Four Yearly Review of Modern Award, the Fair Work Commission has been considering the requirement of employees to work reasonable overtime. The clauses give employers the right to require that an employee work a reasonable amount of overtime.

Published - 21/03/19

PROTECTED INDUSTRIAL ACTION TERMINATED TO AVOID ECONOMY-DAMAGING REFINERY SHUTDOWN

The Fair Work Commission recently issued an order to terminate protected industrial action at BP’s Kwinana oil refinery on the grounds that the protected action would leave Western Australia without petrol or aviation fuel for a week, threatening significant damage to an important part of the economy. 

Published - 20/03/19

VICTORIAN LABOUR HIRE LICENSING regulations AND COMMISSIONER

The Victorian Government has announced that the licensing requirements under the Victorian Labour Hire Licensing Act 2018 will commence in 2019 although the precise date has not been announced The Act itself was passed by the Victorian Parliament on 20 June 2018 and whilst certain provisions came into effect on 27 June 2018, these provisions only relate to the establishing of the Victorian Labour Hire Licensing Authority and other related provisions.

Published - 15/02/19

Mondelēz v AMWU case re. meaning of SECTION 96 OF the fair work act

On 21 February 2019, the Full Federal Court will hear an application by Mondelēz International for a declaration relating to the meaning of the expression “10 days of paid/personal carer’s leave” in section 96 of the Fair Work Act 2009. The relevant employees of Mondelēz work 12-hour shifts at the company’s Claremont plant in Tasmania.

Published - 15/02/19

New NATIONAL Modern Slavery Act

The Modern Slavery Act 2018 (Cth) (Act) was passed by Parliament on 29 November 2018. The Act creates obligations on large businesses with an annual consolidated revenue of at least $100 million to report on modern slavery risks in their operations and supply chains, and actions to address those risks. A commencement date for the Act has not yet been proclaimed. 

Published - 15/02/19

Unpaid family and domestic violence leave – Amendments to the Fair Work Act

The Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 passed through Parliament in the final sitting week for 2018. The legislation amends the National Employment Standards (NES) in the Fair Work Act 2009 (Act) to give all employees up to five days of unpaid family and domestic violence leave per year.

Published - 15/02/19

AMENDMENTS TO THE FAIR WORK ACT – ENTERPRISE AGREEMENTS AND 4 YEARLY REVIEWS OF AWARDS

The Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018 passed through Parliament in the final sitting week for 2018. The legislation makes some important amendments to the Fair Work Act 2009.

Published - 15/02/19

Casual employment – new Regulation to protect employers against ‘double dipping’ claims

Following the decision of the Full Court of the Federal Court in the WorkPac v Skene case, the Australian Government has made the Fair Work Amendment (Casual Loading Offset) Regulations 2018 which amend the Fair Work Regulations 2009 to insert a new regulation 2.03A. The new regulation gives employers more protection against ‘double dipping’ claims by casual employees by expressly allowing an employer to make a claim to offset the cost of any casual loading paid.

Published - 13/02/19

NEW VICTORIAN LONG SERVICE LEAVE LAWS

The Long Service Leave Act 2018 (Vic) commenced on 1 November 2018. The new Act implements the the following changes.

Published - 05/11/18

CHANGES TO NSW COAL MINES WORKERS COMPENSATION ARRANGEMENTS

A wider range of employers are required to contribute to the Coal Mines Insurance (CMI) workers compensation scheme as a result of changes to the Coal Industry Act 2001 (NSW). The Act requires that approved workers compensation insurance be taken out by an “employer in the coal industry”. The Coal Industry Amendment Act 2018 amended the Coal Industry Act to define “an employer in the coal industry” to mean an “employer whose employees work in or about a coal mine”.

Published - 05/11/18

APPEAL AGAINST THE MERGER OF THE CFMEU, MUA AND TCFUA

In November 2018, the Full Federal Court will hear an application for judicial review of the decisions of the Fair Work Commission which approved the merger between the Construction, Forestry, Mining and Energy Union, the Maritime Union of Australia, and the Textile, Clothing and Footwear Union of Australia. The new union is called the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The merger took effect on 27 March 2018.

Published - 05/11/18

NATIONAL SURVEY AND INQUIRY INTO SEXUAL HARASSMENT

On 12 September 2018, the Sex Discrimination Commissioner, Kate Jenkins, released the results of the Australian Human Rights Commission’s fourth national survey on sexual harassment in Australian workplaces.

Published - 05/11/18

FAIR WORK COMMISSION DISTINGUISHES BETWEEN OUTSOURCING AND LABOUR HIRE

In a 7 September 2018 decision, Deputy President Asbury of the FWC distinguished between “outsourcing” and supplementary labour in the context of an alleged transfer of business.

Published - 05/11/18

IMPORTANT PATTERN BARGAINING DECISIONS

On 31 August and 6 September 2018, Deputy President Dean of the Fair Work Commission handed down two important decisions relating to the pattern bargaining provisions of the Fair Work Act 2009. In WGC Crane Group v CFMMEU [2018] FWC 5101, Dean DP held that the CFMMEU was pattern bargaining and that, therefore, the industrial action was not protected. A stop order was issued. A very similar decision was issued by Dean DP in Boom Logistics v CFMMEU [2018] FWC 5634.

Published - 05/11/18

VICTORIAN LABOUR HIRE LICENSING REGULATIONS AND COMMISSIONER

The Labour Hire Licensing Regulations 2018 (Vic) were made on 23 October. The Regulations clarify some aspects of the coverage of the Victorian labour hire licensing scheme as well as addressing various other issues of detail relating to the scheme. Meanwhile, the Victorian Government has appointed former AMWU Victorian State Secretary, Steve Dargavel, as Labour Hire Licensing Commissioner.

Published - 05/11/18

NSW MODERN SLAVERY ACT

The NSW Parliament has passed the Modern Slavery Act 2018 (NSW) which will establish a modern slavery reporting requirement for businesses operating in NSW that have an annual turnover of $50 million or more. The Act has not yet been proclaimed and the commencement date is currently unknown.

Published - 05/11/18

COMMONWEALTH MODERN SLAVERY BILL

On 24 August 2018, a Senate Committee recommended that the Commonwealth Parliament pass the Federal Government’s Modern Slavery Bill 2018 (Cth) following a Senate Committee Inquiry. On 20 July 2018, Ai Group made a submission to the Senate Committee. The Bill would establish a modern slavery reporting requirement for businesses with an annual consolidated revenue of $100 million or more (approximately 3,000 businesses).

Published - 05/11/18

FAMILY FRIENDLY WORK ARRANGEMENTS CASE

On 25 September 2018, a Full Bench of the Fair Work Commission (FWC) handed down a decision determining the terms of the model award clause arising from the FWC’s Family Friendly Work Arrangements Case.

Published - 05/11/18

CASUAL AND PART-TIME EMPLOYMENT CASE – DETERMINATION OF OUTSTANDING ISSUES

Following 2017’s main decision in the Fair Work Commission’s (FWC) Casual and Part-time Employment Case, on 9 August 2018 a Full Bench of the FWC handed down a decision determining various outstanding issues, including the terms of the Commission’s model casual conversion clause. In its latest decision, the FWC has made some modifications to the draft model casual conversion clause that was published in last year’s main decision in the case. The 84 awards that do not currently include a casual conversion clause were varied from 1 October 2018 to insert the model casual conversion clause.

Published - 05/11/18

GOVERNMENT BILLS THAT ARE BEFORE PARLIAMENT

There are a number of important Government Bills that are before the Commonwealth Parliament, dealing with workplace relations and related matters: Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018, Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017, Fair Work Amendment (Repeal of 4 Yearly Reviews of Modern Awards and Other Measures) Bill 2017, Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017, Modern Slavery Bill 2018. Ai Group has participated in Parliamentary inquiries into each of the above Bills and has made detailed submissions on each Bill.

Published - 05/11/18

MONDELĒZ V AMWU CASE RE. MEANING OF SECTION 96 OF THE FAIR WORK ACT

In February 2019, the Full Federal Court will hear an application by Mondelēz International for a declaration relating to the meaning of the expression “10 days of paid/personal carer’s leave” in section 96 of the Fair Work Act. Ai Group Workplace Lawyers is representing Mondelēz in the proceedings and have briefed Mr Stuart Wood QC and Mr Dimitri Ternovki of Counsel. The Minister for Jobs, Industrial Relations and Women, the Hon Kelly O’Dwyer MP, has intervened in the case on behalf of the Commonwealth.

Published - 05/11/18

FEDERAL COURT WORKPAC V SKENE DECISION – ADVICE FOR EMPLOYERS

On 16 August 2018, the Full Court of the Federal Court handed down a very problematic decision regarding casual employees in the WorkPac v Skene case. However, WorkPac has initiated another important case about casual employment in the Federal Court. What steps can employers take to reduce risks after WorkPac v Skene?

Published - 05/11/18

UNILEVER v AMWU CASE – INCLUSION OF CASUAL SERVICE WHEN CALCULATING REDUNDANCY ENTITLEMENTS

A Full Bench of the Fair Work Commission (FWC)  has decided that casual service is not to be taken into account when calculating redundancy entitlements under the redundancy clause in an enterprise agreement applicable to Unilever.

Published - 24/09/18

FWC CFMEU v CBI DECISION – NEW ‘ACCESS PERIOD’ REQUIREMENTS

The decision of a Full Bench of the Fair Work Commission in  CFMEU v CBI Constructors [2018] FWCFB 2732 has led to a potentially significant number of enterprise agreement applications that have not yet been approved becoming invalid.

Published - 24/09/18

VICTORIAN PORTABLE LONG SERVICE LEAVE BILL – COMMUNITY SERVICES, CONTRACT CLEANING AND SECURITY INDUSTRIES

The Victorian Government’s Long Service Benefits Portability Bill 2018 (Vic) is before the Victorian Parliament. Ai Group has made a detailed submission to the Government, Opposition and key Crossbenchers expressing opposition to  the  legislation and  highlighting numerous problems with the Bill, including excessively broad coverage provisions that would lead to many companies outside the community services, contract cleaning and security industries becoming covered by the schemes and being required to pay the levy.

Published - 29/08/18

VICTORIAN OWNER DRIVERS AND FORESTRY CONTRACTORS AMENDMENT BILL 2018

The Victorian Government has introduced a Bill into Parliament that would amend the Owner Drivers and Forestry Contractors Act 2005 (Vic). The amendments would provide additional protections for owner drivers and forestry contractors and implement financial penalties for non-compliance with various provisions of the Act.

Published - 29/08/18

NOTICE OF TERMINATION BY EMPLOYEE CLAUSES IN AWARDS

During the Fair Work Commission’s (FWC) 4 Yearly Review of Modern Awards, there has been a hard-fought contest between Ai Group and the unions concerning whether or not the standard award clause which gives an employer the right to deduct money from wages due on termination for notice not given by an employee, can remain in awards. Following several rounds of submissions over the past 12 months and a hearing, a Full Bench of the FWC has decided upon a new model clause.

Published - 29/08/18

FEDERAL COURT ISSUES FIRST PERSONAL PAYMENT ORDER

On 2 August 2018, the Full Court of the Federal Court issued a personal payment order against CFMMEU official Joe Myles. This is the first personal payment order issued since the High Court decided earlier this year that the Federal Court has the power to make these orders.

Published - 20/08/18

APPEAL AGAINST THE MERGER OF THE CFMEU, MUA AND TCFUA

On 20 July 2018, an application was filed in the Federal Court of Australia for judicial review of the decisions of the FWC which approved the merger between the Construction, Forestry, Mining and Energy Union, the Maritime Union of Australia, and the Textile, Clothing and Footwear Union of Australia.

Published - 20/08/18

NEW FAIR WORK OMBUDSMAN

On 15 July 2018, Sandra Parker commenced a five-year term as the Fair Work Ombudsman, replacing Natalie James whose five-year term has expired.

Published - 20/08/18

PRODUCTIVITY COMMISSION INQUIRY INTO SUPERANNUATION

On 20 July 2018, Ai Group filed a submission in response to the Productivity Commission’s draft report Superannuation: Assessing Efficiency and Competitiveness.

Published - 20/08/18

INQUIRY INTO ‘WAGE THEFT’ IN QUEENSLAND

On 30 July 2018, Ai Group made a submission to a Queensland Parliamentary Committee inquiry into ‘wage theft’.

Published - 20/08/18

INQUIRY INTO THE EXPLOITATION OF CLEANERS WORKING FOR RETAIL CHAINS

In late July, Ai Group made a submission to a Senate Committee Inquiry into the Exploitation of General and Specialist Cleaners Working for Retail Chains for Contracting or Subcontracting Cleaning Companies.

Published - 20/08/18

THE SOUTH AUSTRALIAN LABOUR HIRE LICENSING ACT – LATEST DEVELOPMENTS

The South Australian Labour Hire Licensing Act 2017 commenced on 1 March 2018. Under the South Australian Act, labour hire service providers originally had until 1 September 2018 to lodge an application.

Published - 20/08/18

LABOUR HIRE LICENSING LEGISLATION IN VICTORIA, QUEENSLAND AND SOUTH AUSTRALIA

There have been a number of important developments relating to the labour hire licensing legislation in Victoria, Queensland and South Australia.

Published - 20/08/18

NSW MODERN SLAVERY ACT

The NSW Parliament has passed the Modern Slavery Act 2018 (NSW) which will establish a modern slavery reporting requirement for businesses operating in NSW that have an annual turnover of $50 million or more.

Published - 20/08/18

COMMONWEALTH MODERN SLAVERY BILL

On 20 July 2018, Ai Group made a  submission to a Senate Committee that is inquiring into the provisions of the  Modern Slavery Bill 2018 (Cth). The Bill would establish a modern slavery reporting requirement for businesses with an annual consolidated revenue of $100 million or more (approximately 3,000 businesses).

Published - 20/08/18

FAIR WORK COMMISSION UNPAID DOMESTIC VIOLENCE LEAVE CASE

All modern awards have been varied to include the Fair Work Commission’s (FWC) model Family and Domestic Violence Leave Clause, with effect from the first pay period that starts on or after 1 August 2018.

Published - 20/08/18

BILL TO IMPLEMENT UNPAID DOMESTIC VIOLENCE LEAVE

The Minister for Small and Family Business, the Workplace and Deregulation, the Hon Craig Laundy MP, has announced that the Government intends to implement an entitlement to five days of unpaid domestic violence leave through amendments to the Fair Work Act.

Published - 20/08/18

MONDELĒZ V AMWU CASE RE. MEANING OF A “10 DAYS OF PAID PERSONAL/CARER’S LEAVE” IN THE FAIR WORK ACT

UPDATE: On 10 August, Justice O’Callaghan of the Federal Court issued directions in the Mondelēz v AMWU case. The case relates to the meaning of the expression “10 days of paid/personal carer’s leave” in section 96 of the Fair Work Act.

Published - 15/08/18

SUPERANNUATION AMNESTY BILL

A Government Bill to implement a 12-month one-off amnesty to encourage employers to self-correct historical superannuation guarantee non-compliance has been passed by the House of Representatives and is before the Senate.

Published - 01/08/18

NEW Ai GROUP RESEARCH PAPER – TRENDS AND CAUSES OF RECENT TRENDS IN WAGES GROWTH

On 16 May 2018, Ai Group released an economic research paper on Australia's recent experience of slow wages growth and its causes.

Published - 26/07/18

NEW Ai GROUP RESEARCH PAPER – CASUAL AND PART-TIME EMPLOYMENT

On 19 June 2018, Ai Group released an economic research paper which debunks the persistent myth perpetrated by the ACTU that job insecurity and casualisation of work are increasing in Australia.

Published - 25/07/18

FAIR WORK COMMISSION UNPAID DOMESTIC VIOLENCE LEAVE DECISION AND BILL TO BE INTRODUCED

Following the 2017 decision ([2017] FWCFB 3494) by the Fair Work Commission (FWC) to reject the ACTU's claim for 10 days of paid domestic violence leave, on 26 March 2018 a Full Bench of the FWC has decided to take a measured approach to the issue of unpaid domestic violence leave (see [2018] FWCFB 1691).

Published - 11/07/18

ANNUAL WAGE REVIEW

On 1 June 2018, the Expert Panel of the Fair Work Commission (FWC) handed down its Annual Wage Review 2017-18 Decision [2018] FWCFB 3500.

Published - 11/07/18

UNION PUBLIC HOLIDAY CLAIMS REJECTED

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.

Published - 21/06/18

LICENSING LEGISLATION FOR THE SUPPLY OF LABOUR – QUEENSLAND, SOUTH AUSTRALIA & VICTORIA

The Queensland Labour Hire Licensing Act 2017 commenced operation on 16 April 2018.

Published - 24/05/18

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). The Bill is before the Victorian Parliament and would replace the Long Service Leave Act 1992 (Vic). Follow the link for more details.

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. The Fair Work Commission has still not determined the specific terms of the model casual conversion clause to implement the Commission’s decision.

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. 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.

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. 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.

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. 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.

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. The CFMEU imposed the boycott because Boral supplied Grocon with concrete during its industrial dispute with the CFMEU in 2012.

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. The amendments were made in response to representations by Ai Group to the Federal Government. The amendments set out the form of the disclosure that a bargaining representative must make when a proposed enterprise agreement contains a provision that is expected to provide a financial benefit to the representative.

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. On 13 December 2017, the Victorian Government introduced a Bill into Parliament that would create a similar licensing scheme in Victoria. The range of businesses that will be covered by the legislation is still unclear because the regulations that will clarify the coverage of the schemes are still being developed. Ai Group is working hard to achieve workable coverage definitions to avoid disruption to numerous contracting arrangements and other business-to-business services that are not legitimately ‘labour hire’.

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. This decision dealt with the effect of fixed term and maximum term contracts, and whether employees covered by these contracts have access to unfair dismissal laws when employment ends due to the expiry of the contract.

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. On 13 December 2017 the Victorian Government introduced the Labour Hire Licensing Bill 2017 into Parliament that would create a similar licensing scheme in Victoria.

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. The High Court has confirmed that the expression “eligible to represent the industrial interests of”, as used in various sections of the Fair Work Act 2009 (Act), includes both Members of a registered organisation and Non-members who are eligible to be Members.

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. The decision presents some opportunities for employers wishing to make an enterprise agreement for a new project.

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. The case is considering issues associated with the application of the Better Off Overall Test to enterprise agreements containing loaded rates of pay. The President of the FWC invited Ai Group and other Peak Councils to intervene in the 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. The current 4 Yearly Review has been continuing for 4 years and is still a long way from being completed. On 2 January 2018, a Statement was issued by the President of the FWC, Justice Ian Ross, conforming that the Commission does not propose to commence the second 4 yearly review until the current review has been completed and parties have been given an opportunity to consider how the recently reviewed modern awards are operating in practice.

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. The Bills are expected to be further debated when Parliament resumes in February 2018.

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. After the rejection of the ACTU’s claim for 10 days of paid domestic violence leave per employee per year earlier this year, the Fair Work Commission called for submissions and scheduled further hearings to consider arguments about unpaid family and domestic violence leave entitlements.

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. The Senators on the Committee divided upon party lines with Government Senators expressing support for the Bill, and Labor and Greens’ Senators expressing opposition to the Bill. The Bill, if passed, would make it more difficult for the proposed merger between the CFMEU, MUA and TCFUA to proceed.

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. The Bill addresses concerns about money that is contributed to worker entitlement funds by employers for the benefit of their own employees, being siphoned off by unions. This was a key issue pursued throughout the recent Heydon Royal Commission as well as during the earlier Cole Royal Commission.

Published - 08/12/17

QUEENSLAND LABOUR HIRE LICENSING ACT 2017

The Queensland Labour Hire Licensing Act 2017 has been passed by the Queensland Parliament. Earlier this year, Ai Group made a detailed submission to a Parliamentary inquiry into the Bill, expressing strong opposition to the proposed legislation. Given the passage of the legislation through Parliament, Ai Group is now pressing for some highly problematic aspects of the scope of the legislation to be addressed through regulations.

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

ARCHIVE

MAKE AN ENQUIRY




Social Network

Follow us on our
social network

Contact Us

Got an enquiry?
Talk with one of expert team today.

Call ailegal

1300 554 581

Ai Group Workplace Lawyers

All rights reserved © Ai Group Workplace Lawyers

s