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Missing in action? When has an employee abandoned their employment?

The lack of an immediate reason for an employee failing to turn up to work cannot be construed as ‘abandonment’ without being properly investigated. This message was recently enforced by the Fair Work Commission (FWC) who ordered Atlas Steel, a supplier of steel products, to pay $7,000 to an employee after mistakenly assuming they had […]

Election Outcome: What will the Industrial Relations landscape look like under the re-elected Liberal Government?

Brief Summary Changes to the Enterprise Agreement approval process; Increased flexibility for paid parental leave; Increased regulation of core labour hire industries; Changes to Union right of entry on work sites; Early superannuation access for victims fleeing domestic and family violence; Increased funding for the Australian Building and Construction Commission; Potential introduction of freedom of […]

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”. […]