1. Latest decisions Here to stay: casual conversion clauses introduced in modern awards The Fair Work Commission (FWC) has found that casual employees on modern awards should be entitled to elect to convert to full-time or part-time employment, subject to certain...
1. Latest Decisions Breach of Social Media Policy May be Cause for Dismissal The FWC confirms that social media activity may be grounds for termination, if the employer has conducted a full investigation to understand the context of any perceived inappropriate...
1. Latest Decisions Sunday and public holiday penalty rates slashed! In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy...
In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy industry, effective from 1 July 2017. In providing its decision, the Full...
Section 389(2) of the Fair Work Act 2009 (Cth) provides that ‘a person’s dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed’. Notwithstanding its decision, the Full Bench confirmed...
1. Upcoming redundancies? We set out the latest ‘redundancy’ decisions from the Fair Work Commission In a recent decision, the Full Bench of the Fair Work Commission held that an employer breached its statutory redeployment obligations by failing to consider ‘job...
The coach and the organisation had entered into a contract in 2015 which was expressed to be a voluntary services agreement. The contract stated that the relationship between the parties to the agreement was not an employment relationship, although the organisation...
When is an Independent Contractor an Employee? Recent media interest in the prospective class action against Appco Group Australia raised the difficult issue of when is an independent contractor actually an employee? From an employer’s perspective, it may in certain...
The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth). The unlawful conduct included: making the following threats to...
Reasonable Management Action Trumps Bullying Claim A manager recently was successful in satisfying the Fair Work Commission that anti-bullying orders were not required because his actions were, on the whole, reasonable and lawful management actions. The employee had...