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On 25 January 2018, Senior Deputy President Hamberger of the Fair Work Commission suspended the right of the employees of Sydney Trains and NSW Trains to take industrial action for six weeks (see Reasons for Decision, Sydney Trains; NSW Trains and The Hon. Dominic Perrottet, Minister for Industrial Relations (New South Wales) [2018] FWC 632). The decision avoided a planned strike on 29 January that would have caused major disruption for commuters and businesses.

In Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union (No 2) [2017] FCA 1191 (5 October 2017), the Federal Court has fined the CFMEU $1 million for engaging in an illegal secondary boycott of concrete supplier Boral. The CFMEU imposed the boycott because Boral supplied Grocon with concrete during its industrial dispute with the CFMEU in 2012.

Amendments to the Fair Work Regulations relating to ‘Corrupting Benefits’ came into operation on 29 January 2018. The amendments were made in response to representations by Ai Group to the Federal Government. The amendments set out the form of the disclosure that a bargaining representative must make when a proposed enterprise agreement contains a provision that is expected to provide a financial benefit to the representative.

The State Parliaments in Queensland and South Australia have passed legislation to create a licensing scheme for the supply of labour across all industries. On 13 December 2017, the Victorian Government introduced a Bill into Parliament that would create a similar licensing scheme in Victoria. The range of businesses that will be covered by the legislation is still unclear because the regulations that will clarify the coverage of the schemes are still being developed. Ai Group is working hard to achieve workable coverage definitions to avoid disruption to numerous contracting arrangements and other business-to-business services that are not legitimately ‘labour hire’.

The Labor Party has been floating various workplace relations policy proposals that will be problematic for businesses if implemented.

On 8 December 2017, a Full Bench of the Fair Work Commission handed down its decision in Khayam v Navitas English [2017] FWCFB 5162. This decision dealt with the effect of fixed term and maximum term contracts, and whether employees covered by these contracts have access to unfair dismissal laws when employment ends due to the expiry of the contract.

On 14 February 2018, the High Court confirmed the power of Courts to order union officials to pay their own fines.

A large number of employers are exposed to substantial cost risks associated with a series of unfavourable decisions of the Fair Work Commission (Commission) and the Federal Court regarding the meaning of the expression ‘10 days of paid personal/carer’s leave’ in section 96 of the Fair Work Act.

On 5 January 2018 the Australian Government announced the appointment of Mr Stephen McBurney as the Commissioner of the Australian Building and Construction Commission (ABCC) for a five year term commencing on 6 February 2018. Minister for Small and Family Business,...

Ai Group has made a submission to the Victorian Government expressing concern about some aspects of the Long Service Leave Bill 2017 (Vic). The Bill is before the Victorian Parliament and would replace the Long Service Leave Act 1992 (Vic). The Bill would implement...