Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2016] FCA 1032 The quantum decision of Reeves J in the adverse action claim following Mr Haylett’s unlawful termination raised several issues with respect to lost future earnings which were part of the decision of Judge Baulch in Mr Haylett’s personal injuries claim...Read More
Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 The above CFMEU decision considered Barbaro v The Queen [2014] HCA 2; (2014) 305 ALR 323, which had previously been considered inapplicable to civil penalty matters and limited to criminal prosecutions. The Full Federal Court held that joint submissions...Read More
Rocky Holdings Pty Limited v Fair Work Ombudsman [2014] FCAFC 62 Judges: NORTH, FLICK AND JAGOT JJ Catchwords: INDUSTRIAL LAW – multiple contraventions of a civil penalty provision – meaning of a civil penalty provision – construction of s 557 of the Fair Work Act 2009 (Cth) David Cormack – Brisbane Barrister.Read More
On 14/03/2013 the Migration Amendment (Reform of Employer Sanctions) Act 2013 (Cth) amendment to the Migration Act 1958 (Cth) received the Royal Assent with substantive amendments to commence on 01/06/2013. The amendments create a new civil non-fault penalty section and in some instances criminal sanctions in relation to allowing or continuing to allow an unlawful non-citizen to work, in...Read More
The Fair Work Amendment Bill 2013 was introduced to the House of Representatives on 21/03/2013 to amend the Fair Work Act, inter alia: Explanatory Memorandum: allow a worker who has been bullied at work in a constitutionally-covered business to apply to the FWC for an order to stop the bullying; adopt a definition of ‘bullied...Read More
ASIC v Ingleby [2013] VSCA 49 Issue: Approach to agreed penalty taken in NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; (1996) 71 FCR 285 and Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 doubted. Weinberg JA with whom Harper JA and...Read More
Gillfillan & Ors v Australian Securities & Investments Commission [2012] NSWCA 370 I refer to earlier postings. The end result for the Australian directors was a reduced fine of $25,000.00 and disqualification until 30 April 2013, whereas the American directors were fined $20,000.00 and disqualified until 31 December 2012. Prominent in this was the overseas directors participated...Read More
In this issue: We look at a case in which an executive’s termination was held to have been lawful; a development in the test for distinguishing between employees and independent contractors; new Victorian anti-bullying legislation; enforcement of a post-employment restraint; company director liability for underpayment of wages; protected action ballot orders and when they can...Read More
The Federal Court has handed down a record penalty for misleading advertising. Partner David Brewster speaks to Boardroom Radio about the court’s reasoning and the implications for business. To hear David’s interview, go to http://www.aar.com.au/med/audio.htm Reproduced with permission of Allens and in accordance with their terms of use.Read More
Fair Work Ombudsman v Specialised Security Service Pty Ltd & Anor [2011] FMCA 170 I appeared for the First and Second Respondents in the penalty hearing. It proceeded on the basis of the First Respondent admitting that it contravened clauses 6.3, 6.7, 6.8 and 7.8 of the relevant NAPSA and s.185 (2) of Workplace Relations...Read More
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