Category

Industrial Law
February 2014 In this issue: we look at a union’s contravention of the general protection laws; new legislation that will expand the powers of the federal building industry regulator; the Fair Work Commission’s ruling on urine testing and its implications for employers; a Fair Work Commission ruling affirming reinstatement as the primary remedy in cases...
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In this issue: we look at the continuing debate on the merits of saliva versus urine drug testing; the introduction of on-the-spot fines for WHS breaches in the ACT; revised national codes of practice for the construction and stevedoring industries; the need to properly particularise an offence when prosecuting a WHS offence; changes to right-of-entry...
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In this issue: we look at employees’ workplace rights under the adverse action provisions of the Fair Work Act; when employers may stand down employees; the scope of an order requiring industrial action to stop; whether wearing a union t-shirt in the workplace is industrial action; the offshore reach of the Fair Work legislation; and...
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Colson, Mark v Barwon Health U2012/10440 Summary of decision 1. This decision concerns only the question of remedy. Previous decisions of Commissioner Roe and the Full Bench on appeal have dealt with the question of whether the dismissal of Dr Mark Colson by Barwon Health, was harsh, unjust or unreasonable. 2. The Commission has determined...
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From 1 July 2013: the High Income Threshold under the Fair Work Act increased to $129,300; the compulsory superannuation guarantee contribution rate increased to 9.25% of ordinary time earnings; and the maximum amount of compensation payable for unfair dismissal is capped at $64,650. Brisbane Barrister – David Cormack
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  Article by Stephen Trew and Jennifer T Teh Holding Redlich In the recent case of Szanto v ISS Facility Services Pty Ltd [2013] FWC 3270, the Fair Work Commission (FWC) has provided some clarification of when a “job” is no longer required to be performed by anyone for the purposes of determining the entitlement...
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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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