The Fair Work Commission (FWC) has given food manufacturer, Arnott’s Biscuits Ltd (Arnotts) the green light to conduct compulsory urine testing. United Voice, Australian Manufacturing Workers’ Union (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions) disputed that the use of urine testing was necessary. The […]
The ongoing coronial inquest into the deaths caused by Dreamworld’s Thunder River Rapid ride has uncovered critical evidence that workplace safety teams across various industries can learn from. In particular, the inquest illustrates that clear communication of safety protocol and procedure is key. What caused the WHS failure In October 2016, electrical malfunctions caused the […]
Overtime & Leave Calculations for Employees Working Two Separate Positions The Fair Work Commission (the Commission) has recently rejected a postal worker’s (the Applicant) claim for over $200,000 in alleged underpayments relating to overtime, rest relief and meal allowances (the Entitlements) throughout the course of his employment with Australia Post (the Respondent). The Applicant worked […]
The Fair Work Commission Full Bench (Full Bench) has made an order for a security of costs against a social worker (the Appellant) who must produce $10,000 before the case will proceed. This decision was made after the Appellant appealed a rejected unfair dismissal claim which the Full Bench found had “little prospects of success”. […]
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 […]
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 […]
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 […]
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 […]
In a recent case before the NSW District Court, City Projects Pty Limited (‘the Offender’) was fined a large penalty of $167,000 for failing to comply with its health and safety duties under s 19(1) of the Work Health and Safety Act 2011 (‘the WHS Act’), when it exposed a subcontractor to a risk of […]
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 […]