Fair Work Ombudsman v Berges [2010] FMCA 526 (17 June 2010)
It is interesting to contrast this decision with Fair Work Ombudsman v Sanada Investments Pty Ltd [2010] FMCA 401 (9 June 2010).
I refer to my earlier posting in relation the Sanada (“Sushi Train”) decision. The aggregate unpaid wages etc amounted to $119,760.92, however, the total [...]

Allens Arthur Robinson
In this issue: we look at whether a dismissal is a redundancy when the work is still being performed by others; where Fair Work Australia may still approve an agreement without good faith bargaining; Fair Work Australia having clarified the scope of flexibility terms; enterprise agreements should not cover positions an employer has [...]

ALB’s Employee & Workplace Relations Masterclass – seminar presentation on 18 November 2010.
Brisbane Barrister – David Cormack

Norton Rose
Two recent adverse action decisions provide clarity to employers about the operation of the new types of claims available under the Fair Work Act 2009 (the Act).
What are adverse action and workplace rights?
Adverse action is defined in a table at section 342 which sets out the type of conduct which will be adverse action. [...]

I refer to my earlier posting and draw attention to the 1st phase of the transition provisions of the Modern Awards to commence on 1 July 2010 (20%).
Brisbane Barrister – David Cormack

Norton Rose
On Friday 4 June 2010, the Full Bench of the NSW Industrial Relations Commission (IRC) handed down the first judgment in New South Wales which raised a Kirk argument. It was argued that the IRC did not have jurisdiction to hear the charges laid against the Defendant as defects in the Application for Order did not [...]

 
 
Fair Work Ombudsman v Sanada Investments Pty Ltd [2010] FMCA 401 (9 June 2010)
The FMC decision above is useful in its summary of the relevant principles in prosecution of civil pecuniary penalties for unpaid wages and entitlements. The total amount of underpayments was $119,760.92 of which $29,739.14 was for employees who were either current or [...]

Condren v The Southport Workers Community Club Inc [2010] QSC 130
The grounds for the summary dismissal from the plaintiff’s employer were primarily based on whether the use of motor vehicles during the course of the plaintiff’s employment and receipt of money from a ‘trade-in’ from one such vehicle amounted to being misconduct, which warranted summary [...]

The Federal Court has provided some comfort to concerned employers regarding the scope of the new adverse action provisions in the Fair Work Act 2009 (Act).
Read more of the article by Norton Rose.
Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

The Fair Work Act 2009 (the Act) introduced many changes to the law affecting employers and employees. The Act introduced a new system of Modern Awards, a new suite of universal minimum conditions of employment (the National Employment Standards) and a new regime for compulsory bargaining in good faith for the purpose of creating collective [...]