On 12 June 2024, a Full Bench of the Fair Work Commission (the Full Bench) made the first intractable bargaining workplace determination. In summary, section 269 of the Fair Work Act 2009 (the FW Act) provides that a Full Bench must make in intractable bargaining...
Sean Foy
High Court to Consider whether damages may be awarded for psychiatric harm caused by breach of an employment contract:
In that case, Mr Elisha was an employee of Vision Australia and was dismissed following an investigation into allegations of misconduct by him, whilst travelling for employment purposes. Mr Elisha claimed that the employer’s investigation was conducted in a way that...
Secure Jobs, Better Pay Bill introduced to Parliament
If passed, the Bill will make numerous amendments to the Fair Work Act 2009 (FW Act) and related legislation. The government says its aims are to get wages moving, boost job security, address gender inequity, and restore integrity and fairness to Fair Work...
Aged Care Work Value Case – Decision Summary (4 November 2022)
The increases are interim increases. The FWC plans to hold future hearings to determine whether additional increases should be granted – bearing in mind the union claimants sought 25% work value increases for the above classifications as well as administrative...
Industrial Relations Legislation Amendment Bill 2021
“The bill will ensure that no category of Western Australian employee is excluded from state employment protections…” [and] “will significantly increase pecuniary penalties for noncompliance with state employment laws and introduce tough penalties for employers who...
Superannuation guarantee increases to 10% from 1 July 2021
Additionally, the annual concessional contribution cap increases from $25,000 to $27,500 as a result of indexation in line with changes to average weekly ordinary time earnings from 1 July 2021. The concessional contribution cap was last increased in 2017. Lastly, if...
IR Omnibus Reform: Simplifying enterprise bargaining and the approval process
The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) was introduced into Federal Parliament on 9 December 2020. The Bill seeks to simplify and streamline the currently complex enterprise agreement approval process....
Two Workplace Relations Amendment Bills Introduced to the Federal Parliament
The Withdrawal from Amalgamations Bill makes technical amendments to the Fair Work (Registered Organisations) Act 2009 concerning part of an amalgamated union (such as a division or branch) applying to the Fair Work Commission to ballot its members on the question of...
Employment risk planning in a time of COVID
Situations like this give an opportunity to pause and consider “what challenges might Western Australian employers face” in a similar situation. In this article, we offer several thoughts that might help inform contingency and crisis planning for Western Australian...
Counting the cost of casual employment: WorkPac Pty Ltd v Rossato
Key issues A Full Bench of the Federal Court has affirmed the Court’s earlier approach in WorkPac Pty Ltd v Skene. Employees purported to be casual who work regularly and systemically are more likely to be found to be permanent full-time or part-time employees and...