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Industrial Relations
In this issue: we look at the risks of dismissing an  employee on the basis of a sham redundancy; the need to clearly document changes  to employment arrangements; when legal representation before the Fair Work  Commission will not be granted; an employer’s duty of care in relation to  workplace bullying; and a case illustrating the...
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NK Collins Industries Pty Ltd v The President of the Industrial Court of Queensland & Anor [2013] QCA 179   JUDGES: Holmes and Fraser JJA and Margaret Wilson JSeparate reasons for judgment of each member of the Court, each concurring as to the orders made ORDERS: Allow the application for an extension of time within...
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In brief: Laws were passed yesterday to amend the Fair Work Act 2009 (Cth) to introduce new anti-bullying measures allowing individual workers to bring an action to stop workplace bullying. Employers should ensure they have a policy and procedures in place to respond to bullying claims. Partner Simon Dewberry (view CV) and Law Graduate Timothy...
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To support the model Work Health and Safety Act, Safe Work Australia has released a draft model Code of Practice for Preventing and Responding to Workplace Bullying for public comment. The draft model Code of Practice is accompanied by a Workers Guide to managing workplace bullying. A Consultation Regulation Impact Statement on the model Code...
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In this issue: we report on union eligibility rules; what constitutes an offer of acceptable alternative employment; the consequences of an employee’s refusal of a settlement offer; an ATO ruling on ordinary hours of work; and whether a complaint about employment made to an employer can constitute a ‘workplace right’. Union eligibility rules = coverage...
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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...
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Authors Stuart Kollmorgen, Leanne Nickels, Diana Diaz Introduction Do employment contracts need to be reviewed as a result? Superannuation guarantee charge Other considerations   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers.
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Author                            Barry Sherriff Introduction The basis for a notice being issued Internal and external review of inspectors’ notices Considering whether to apply for a review Implications of not seeking review of a notice Recommended process for your business View all pages   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice...
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Authors Jason Noakes, Stuart Kollmorgen, Nicola Martin Introduction What does the Bill mean for employers? Why the proposed changes? What are the key proposed changes? The Report What happens now? View all pages   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers.
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CFMEU v Leighton Contractors Pty Ltd [2012] FMCA 487 A claim for “adverse action” under the Fair Work Act 2009 (Cth), s.12, s.340(1), s.361 was brought  against the employer as a consequence of disciplinary action and fraud investigations during the employee’s WorkCover claim. Whilst the adverse action was dismissed a detailed analysis was undertaken with...
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