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Industrial Law
Pryszlak v Workers’ Compensation Regulator [2017] QSC 286 McMeekin J The applicant sought to claim workers’ compensation for a hand injury alleged to be sustained during the course of his employment. By letter dated 27 August 2015, the applicant was advised that his claim was rejected principally because WorkCover was not satisfied that the applicant’s...
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Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45 (2 December 2015) I refer you to the judgment summary. The plurality of the High Court allowed the appeal of the Fair Work Ombudsman and set aside the narrow interpretation of s 357(1) of the Fair Work Act 2009 (Cth) by the Full Court of the Federal...
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Hunter Quarries Pty Ltd v State of New South Wales (Department of Trade & Investment) [2014] NSWSC 1580 On 1 January 2012 the Work Health and Safety Act 2011 commenced in Queensland. It mirrored legislation by the Commonwealth and Territories and was also adopted by New South Wales and later by Tasmania and South Australia...
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Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 (16 October 2014) I refer you to the summary judgment. The CFMEU claimed BHP contravened section 346(b) of the Fair Work Act, which prohibits terminating an employee because the employee participated in industrial activity. Mr Doevendans, a union delegate, was terminated from his...
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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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Chivers v State of Queensland (Queensland Health)[2014] QCA 141 HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF DISCRIMINATION – DISABILITY OR IMPAIRMENT – EMPLOYMENT – where in 2004 the appellant sustained a head injury from a horse riding accident – where in 2008 the appellant commenced a Graduate Nurses Program with the respondent – where a...
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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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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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Victorian Association for the Teaching of English Inc v de Laps [2013] FWC 4163 The decision by the Full Bench of the Fair Work Commission is a useful review of the authorities on employer initiated or constructive dismissals based on allegations of not affording procedural fairness. The employer was successful. The decision highlights how such...
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