Australian Maritime Officers’ Union, v Newcastle Port Corporation [2009] FWA 829 Vice President Watson applied the test in at paragraphs 31 & 32 of Total Marine Services Pty Ltd v Maritime Union of Australia [2009] FWAFB 368 as to whether there had been a genuine attempt to reach agreement: “[31] In our view the concept of genuinely [...]

ABC news report – Company directors will face the risk of being personally prosecuted for workplace safety breaches if new national guidelines come into force. Brisbane Barrister – David Cormack

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Michael Wilson and Partners Limited v Robert Colin Nicholls & Ors [2009] NSWSC 1033 The protagonists in this case are the well known law firm and 3 of their former professional members. To reach the analysis of employee fiduciary obligations the decision traverses forum and conflict of law issues. Justice Einstein provides an excellent analysis [...]

Australian Maritime Officers Union v Sydney Ferries Corporation [2009] FCAFC 145 On appeal the court held income protection as part of subclause 12.8.9 of the Sydney Ferries Corporation Maritime Officers Enterprise Agreement 2006 – 2008 was not prohibited content within the meaning in s.358 of the Workplace Relations Act 1996 (Cth.). The basis for the [...]