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Fair Work
Tao Sun [2014] FWC 3839 A recent decision where the worker failed in claim of bullying before the FWC on the basis the alleged offending conduct fell within the exception in s.789FD(2) of the Fair Work Act 2009 (Cth): “(1) A worker is bullied at work if: (a) while the worker is at work in...
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Heilala Tabete | Associate | Corney & Lind Lawyers Pty Ltd More and more employees need to adapt their work schedule to their way of life. This is especially relevant for working parents, working carers and mature age employees. The National Employment Standards (NES) gives employees the right to apply for flexible working arrangements. Read...
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The following recent decisions are of interest: Allegation of being a whistle blower – The Applicant v The Respondent [2014] FWC 3189  Allegation of physical assault – David Browne v Coles Group Supply Chain Pty Ltd [2014] FWC 3670 Allegations of WorkCover fraud – Kinnane v DP World Brisbane Pty Limited [2014] FWC 4541  ...
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Some recent examples: Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 134 Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 436 Brisbane Barrister – David Cormack
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  FCB Group Christopher Toms v Harbour City Ferries [2014] FWC 2327 The Fair Work Commission recently caught employers by surprise when it reinstated an employee who had been dismissed when he tested positive to marijuana use after crashing a ferry into a Sydney Harbour ferry wharf1. In dismissing the employee, the employer relied on its...
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An example of some of the difficulties under the new regime: Ms SB [2014] FWC 2104 Brisbane Barrister – David Cormack
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Foster v CBI Constructors Pty Ltd [2014] FWCFB 1976 The current threshold is $129,300,00. The Full Bench decision is of interest in its consideration of whether in this instance, overtime earnings were to be included under s.382 of the Act. The appeal was refused on the basis the appellant was regularly rostered for overtime roster....
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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.
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FP Group Pty Ltd v Tooheys Pty Ltd [2013] FWCFB 9605   The Full Bench decision is a helpful summary of applicable principles in determining the true employment relationship. Other related decisions: On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No.3) [2011] FCA 366; & In Fair Work Ombudsman v Ramsey...
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Verney v The Mac Services Group Pty Ltd [2014] QSC 057   An employer’s duty to provide safe equipment is well settled. The decision of North J is a reminder of how heavy the duty is. … North J Before turning to the findings or inferences with respect to the allegations of breach of duty...
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