Background A class action was commenced by the Australian Salaried Medical Officer’s Federation (ASMOF) on behalf of its group members, and Dr Gaby Bolton on her own behalf, against Peninsula Health, the major metropolitan health service for Frankston and the...
In the decision of CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (handed down on 2 August 2023) an employer was found not to be vicariously liable for the conduct of one of its employees when he urinated on a fellow employee who was sleeping in their shared staff...
The recent FWC decisions of Salim v AFA Sheetmetal Components Pty Ltd, Daniel Paragalli [2023] FWC 1834 (decided on 25 July 2023) and Judith Tozer v The Trustee for the Downie Family Trust [2023] FWC 1847 (decided on 26 July 2023) demonstrate the problems that can...
The updated Information Sheet complements the Code of Practice: Construction Work and provides very useful guidance to PCBU’s on the function, content and application of SWMS, including outlining information around: the common High Risk activities for which a SWMS is...
Changes to employee authorised deductions From 30 December 2023, employees will be able to authorise salary deductions made by their employer that are recurring, or for amounts that vary from time to time. This means that employees will be able to make a single...
While the incident occurred outside of Western Australia, the primary duty provision that the offender breached mirrors that contained in s19 of the Work Health and Safety Act 2020 (WA). The case should serve as a timely reminder for WA businesses with control of...
Significant changes to the Fair Work Act 2009 (Cth) came into effect on 6 June 2023 and 1 July 2023. It is important to be across these changes and ensure that your workplace policies and procedures are up to date. Requests for Flexible Working Arrangements From 6...
Background of decision The respondent, Evolution Support Services (ESS) is a NDIS service provider. ESS terminated the applicant, Mark Hutton, after approximately three years of employment with ESS in December 2022 after an investigation by ESS found that Mr Hutton...
Zombie agreements ‘Zombie agreements’ are collective agreements that were made before the Fair Work Act 2009 (Cth) commenced, and continue to operate because the agreements have not been terminated or replaced by another agreement. Due to the operation of the Fair...
Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 This case concerned 85 employees from OS MCAP Pty Ltd (the Employer) who worked a standard 12.5-hour shift at the Daunia Mine in Queensland on Christmas Day and Boxing Day in...