Latest decisions

  • The Fair Work Commission, which found that an employee’s dismissal was not a genuine redundancy, has ordered to have the employee reinstated back into his former job (or an equivalent position) despite the employer opposing such an order on the basis that the former job no longer existed and the employment relationship had been irretrievably broken. Links to the full decision of Mr Muhammed Buttar v PFD Food Services Pty Ltd T/A PFD Food Servicesare set out below:

https://www.fwc.gov.au/documents/decisionssigned/html/2017fwc4409.htm

https://www.fwc.gov.au/documents/decisionssigned/html/2017fwc4918.htm

  • The recent decision by the Supreme Court of Victoria in Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSC 163highlights that (subject to the terms of the contract) an employer must not "capriciously, unreasonably or arbitrarily" exercise its discretion to not pay a bonus to an employee under an employment contract. To read further about this decision, which involved a significant payout after the employer was found to have repudiated the employment contract, click here

Latest News

  • The Fair Work Amendment (Protecting Vulnerable Workers) Act 1997 (Cth) generally took effect on 15 September 2017, which resulted with key changes to the Fair Work Act, including higher penalties for contraventions of civil remedy provisions and increased powers for the Fair Work Ombudsman. To read more about these changes, click here.    
  • A Ministerial Review of the State industrial relations system has been announced by the McGowan Government to ensure that the system is “contemporary, fair and accessible”. This review will be undertaken by Mr Mark Ritter SC with the assistance of Mr Stephen Price MLA. To read the terms of reference of this Ministerial Review, click here.