News

On 6 December 2017, the High Court handed down its decision in the case of ALDI Foods Pty Ltd v Shop, Distributive & Allied Employees Association [2017] HCA 53. The decision presents some opportunities for employers wishing to make an enterprise agreement for a new project.

Ai Group is strongly opposing arguments of the unions and employer group Australian Business Industrial that the standard award clause which enables an employer to deduct monies for notice of termination not given by an employee, is inconsistent with the Fair Work Act 2009 and must be removed from awards.

On 15 November 2017 a hearing before a 5 Member Full Bench of the Fair Work Commission (FWC) took place in the Loaded Rates in Agreements Case. The case is considering issues associated with the application of the Better Off Overall Test to enterprise agreements containing loaded rates of pay. The President of the FWC invited Ai Group and other Peak Councils to intervene in the case.

The Fair Work Act 2009 requires that the next 4 Yearly Review of Awards commence as soon as practicable after 1 January 2018. The current 4 Yearly Review has been continuing for 4 years and is still a long way from being completed. On 2 January 2018, a Statement was issued by the President of the FWC, Justice Ian Ross, conforming that the Commission does not propose to commence the second 4 yearly review until the current review has been completed and parties have been given an opportunity to consider how the recently reviewed modern awards are operating in practice.

On 16 November 2017, a Full Bench of the FWC handed down a decision in a major case concerning the coverage of the Horticulture Award 2010 (Horticulture Award). The case was pursued by Ai Group to protect employers in the horticulture industry from a push by the...

Three important workplace relations Bills are before Parliament: the Fair Work Amendment (Proper Use of Worker Benefits) Bill 2017, the Fair Work Amendment (Repeal of 4 Yearly Reviews of Modern Awards and Other Measures) Bill 2017 and the Fair Work (Registered Organisations) Amendment (Ensuing Integrity) Bill 2017. The Bills are expected to be further debated when Parliament resumes in February 2018.

During the last fortnight of Parliament for 2017, the Opposition, the Greens and various Crossbenchers endeavoured to have legislation passed that would have led to the Fair Work Commission’s (FWC) Penalty Rates Decision being overturned, and would have resulted in the FWC being stripped of the power to make any award changes that reduce take-home pay for any employees.

On 20 October 2017, hearings concluded in the Fair Work Commission’s Family and Domestic Violence Leave Case. After the rejection of the ACTU’s claim for 10 days of paid domestic violence leave per employee per year earlier this year, the Fair Work Commission called for submissions and scheduled further hearings to consider arguments about unpaid family and domestic violence leave entitlements.

On 27 October 2017, amendments to the Fair Work Act 2009 (FW Act) imposing increased responsibilities on franchisors and holding companies for breaches of workplace laws and instruments by franchisees and subsidiaries came into operation.

On 12 October 2017, the Senate Committee which inquired into the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017 tabled its report in Parliament. The Senators on the Committee divided upon party lines with Government Senators expressing support for the Bill, and Labor and Greens’ Senators expressing opposition to the Bill. The Bill, if passed, would make it more difficult for the proposed merger between the CFMEU, MUA and TCFUA to proceed.