The consultation obligations imposed by modern awards can leave employers confused about when consultation is required and to what extent. In regards to award-covered employees, it is crucial that employers carefully consider and adhere to the relevant modern award provision in order to mitigate the risk of a monetary penalty, or that an otherwise genuine […]

The right of union officials to enter a workplace is strictly regulated by the Fair Work Act 2009 (Cth) (“the FW Act”) and the relevant work health and safety legislation in your state (in this article, we refer to and focus on the Work Health and Safety Act 2011 (NSW) (“the WHS Act”)). Although the […]

A full bench of the Industrial Relations Court South Australia (“the SA IRC”) has upheld charges against an engineering company, Safe is Safe Pty Limited (“the Company”) and its officer, Hamish Munro, for “recklessness” following the death of an eight year old girl at the Royal Adelaide Show in 2014 after being ejected from an […]

A recent Fair Work Commission (‘FWC’) decision to uphold the termination of a key account manager’s employment is a timely reminder to check that your workplace policies are up-to-date and sufficiently detailed to ensure any breach can be clearly identified and communicated. The FWC held that Cosmetic Suppliers Pty Ltd T/A Coty (‘the Respondent’) did […]

A recent decision of the Federal Court of Australia (‘FCA’) has reaffirmed the importance of record keeping from recruitment through to dismissal. In particular it has highlighted the fundamental role of employment records in a successful defence against an adverse action claim. Employers should be particularly mindful of the reverse onus of proof that operates […]

A recent Full Federal Court of Australia (‘FCA’) decision has clarified the intention and scope of sections 89 and 98 of the Fair Work Act 2009 (Cth) (‘FW Act’), which ostensibly seek to preclude employers from deducting public holidays from annual leave or personal/carer’s leave balances, when such public holidays coincide with a period of paid annual […]

In a recent decision of the Federal Court of Australia (‘FCA’) [1] the Full Bench of the FCA held that BHP Coal (‘the Defendant’) was entitled to dismiss a boilermaker (‘the Employee’) who refused to attend a company ordered medical appointment, which was intended to assess his fitness to return to work. In 2011 the […]