News, Updates & Events

Would getting drunk and vomiting at after-work drinks get you fired?

“Frankly, if one act of inoffensive drunkenness at an after-work function provided valid reason for dismissal, I suspect that the majority of Australian workers may have potentially lost their jobs.” –         Commissioner Cambridge, FWC The summary dismissal of an employee for drunken misconduct and alleged sexual propositioning has been deemed unfair by the Fair Work Commission […]

How might the Budget affect you and your workplace?

The 2019 Australian Budget is introducing funding to target sham contracting and a labour hire registration program. These initiatives are in part addressing recommendations made in the Migrant Worker’s Taskforce Report issued in March 2019. Sham Contracting Crackdown Unit The Government has announced that from 2019-20 it will provide the Fair Work Ombudsman (FWO) with […]

A Heavy Burden on Employers – FWC to Introduce Annualised Hours Clause

New model annualised wage clauses have been proposed for 19 modern awards covering industries including health, hospitality, mining, banking and legal services, as part of the Fair Work Commission’s (FWC) 4 yearly review of modern awards. The new clauses, initially drafted in February 2018, have been contested by employer groups, who claim they will impose […]

Victoria Police Need to be More Flexible! What About Your Workplace?

Victoria Police’s recent rejection of a detective’s request for flexible working arrangements was held to lack reasonable business grounds in a recent decision before the Fair Work Commission Full Bench (the FWCFB). The decision sheds light on the considerations employers must heed when faced with a flexible work request. The 57-year-old detective wished to “compress” […]

New Regulations to Offset the Amount Claimable by “Casual” Employees Following the WorkPac Decision

The precedent set by the WorkPac decision is that an employee labelled a casual worker may be entitled to annual leave under the Fair Work Act 2009 (Cth), if (among other things) the employment arrangements displayed a regular pattern of hours, continuous work and there was a firm advance commitment to such work. One significant […]

Strict Rules for Bargaining Notices Upheld as One Word Invalidates Enterprise Agreements

Two enterprise agreements have been deemed defective by the Full Federal Court (FFC) after Aldi referred to themselves as “leader” rather than “employer” in their bargaining Notice (Notice) to employees about their representational rights. The FFC upheld the Fair Work Commission’s (FWC) decision and rejected Aldi’s submission that the word change was a “trivial matter”. […]

First National Review of the Model WHS Laws

In important, breaking news, a comprehensive final report was released on 26 February 2019 on the first national review of the model Work Health and Safety laws, which was independently conducted by Marie Boland, the former Executive Director of SafeWork South Australia, in December 2018 (the Review). The Review includes 34 recommendations to amend legislation […]

Company Director and Business Owner Imprisoned for Work Health and Safety Breaches

For the first time, two employers in Australia have been sentenced to prison for breaching Australia’s WHS laws. Two recent cases involving deaths contributed to by employer negligence in the workplace illustrate the need to put safety at the fore of any business as a small business owner, and a Company Director, have both been […]

Labor to Impose New Workplace Manslaughter Provision and Tougher Penalties to Change WHS Culture in Victoria

Labor’s pre-election commitments to amend the Occupational Health and Safety Act 2004 (VIC) (the Act) announced in May last year, are set to be implemented after a landslide win in Victoria in November 2018. If implemented, the changes will increase the maximum fine for death caused by an employer’s negligence to nearly $16 million, making it […]

In-sourced Worker Given ‘Green Light’ to Pursue Unfair Dismissal Claim

The Fair Work Commission (FWC) has recently held that a labour hire employee transferring ‘in house’ was protected from unfair dismissal after finding that the transfer constituted a “transfer of business” for the purposes of meeting the minimum employment period required to bring a claim for unfair dismissal, being 6 months, on the basis of […]