Archive by Author

‘Unfairness’ in legal representation irrelevant – Fair Work Commission

A recent case before the Fair Work Commission (the Commission) has clarified that a consideration of unfairness between parties is “not necessary” when deciding whether to approve an application for permission to be represented by a lawyer or paid agent pursuant to section 596(2)(a) and (b) of the Fair Work Act 2009 (FW Act). Valco […]

Workers on Maximum Term Contracts now have access to Unfair Dismissal

A recent case before the Fair Work Commission Full Bench (FWCFB) has given greater scope to workers under maximum term contracts to seek recourse in the unfair dismissal jurisdiction (Navitas). [1] Prior to this decision, the expiry of a maximum term contract at its specified date did not result in the employee being “dismissed”. This […]

Recent decision provides increased union power and broader coverage of Modern Awards

Standing to Appeal A recent Fair Work Commission Full Bench (FWCFB) decision has held that United Voice (the Union) has the right to appeal decisions that affect enterprise bargaining, despite not being a bargaining representative. [1] The FWCFB held that the Union satisfied the legal criteria for a “person aggrieved” by the FWC’s recent approval of […]

Uber drivers are employees… for now

A recent decision of the Fair Work Commission (FWC) held that Uber drivers are correctly classified as independent contractors, not employees, and are subsequently not entitled to the unfair dismissal protections within the Fair Work Act 2009 Cth (FW Act). [1] Mr Michail Kaseris (the Applicant) alleged that he was unfairly dismissed from Rasier Pacific […]

NSW Work Health Safety Legislation Updates

New WHS Code of Practice: Managing Risks in Stevedoring Offers useful guidance for Employers in the stevedoring industry to review and update their WHS systems. Provides direction regarding management of the safety risks involved with stevedoring activities such as: loading or unloading vessel cargo; stacking and storing on wharves; and receiving and delivering cargo within […]

Employer Negligent and Liable for “Unprecedented Situation”

In a recent case before the Supreme Court of Victoria, Ceva Logistics Australia Pty Ltd (‘the Employer’) was found to be contributorily negligent and liable for 35% of an employee’s $2 million damages award.[1] Mr Ugo Meli (‘the Employee’) was confronted with what Judge McDonald described as an “unprecedented situation” when eight metal load security […]

Fair Work Amendment (Protecting Vulnerable Workers) Act 2017: What are the implications for employers?

No doubt you have heard whispers about the Federal Government’s Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Cth) in recent months. Now, it’s time to get serious and ensure you are abreast of the key provisions. Why? – on 15 September 2017 the new legislation, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 […]

Resignation Leads to Unfair Dismissal and Reinstatement: The importance of procedural fairness

In a recent unfair dismissal case1 heard by the Fair Work Commission (‘FWC’) an aged care worker Ms Tavassoli (‘the Applicant’), who was successful in her claim that she was constructively dismissed, was reinstated due to significant deficiencies in her employer, Bupa Aged Care Mosman’s (‘Bupa’) investigative process. At the aged care facility where the […]

Conviction and $120,000 fine for employer’s failure to consult with host employer – What is the duty to consult with other duty holders?

In the first prosecution of its kind under the harmonised work health and safety (“WHS”) laws, the South Australian Industrial Relations Court (“SAIRC”) in Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14 (“Boland v TAPS“), held an employer company liable under section 46 of the WHS Act (South Australia) for failing to, […]