On 15 April 2020, the Federal Circuit Court handed down its decision in Batista v Wells Fargo International Finance (Australia) Pty Ltd (No.2) [2020] FCCA 829. The Federal Circuit Court considered whether the termination of the Applicant’s employment with the...
Adverse action claim fails despite employee being dismissed less than a month after filing an anti-bullying application
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Family & Domestic Violence Leave Review 2021
The Fair Work Commission (FWC) is conducting a Family and Domestic Violence Leave Review 2021 to consider whether award-covered employees should have paid domestic violence leave entitlements. A few years ago when an entitlement to up to five days of unpaid family and...
High Court Overturns Federal Court Decision in the Workpac v Rossato Casual Employment Case
On 4 August 2021, the High Court unanimously overturned the decision of the Full Court of the Federal Court in the Workpac v Rossato case and in doing so identified that the reasoning in the Federal Court’s earlier decision in the WorkPac v Skene case was erroneous....
FWC stand-down decision a win for aviation industry
A decision issued by the Fair Work Commission (FWC) today in favour of an Ai Group-backed member has been hailed a win for the aviation industry. The FWC held that the member, Menzies Aviation, was entitled to stand down an employee in accordance with s524 of the Fair...
National legal team celebrates promotions
Our national legal team is celebrating a series of promotions announced this week. Head of Consulting & Legal Services Michael Mead said he was delighted to acknowledge the significant contribution that each of the lawyers had made to Ai Group Workplace Lawyers...
FWC accepts Ai Group’s arguments and rejects the unions’ paid pandemic leave claims in the community services sector
On 24 December 2020, a Full Bench of the FWC rejected union claims to include new paid pandemic leave entitlements in the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). Ai Group opposed the claim, on behalf of employers in...
New portable long service leave scheme in the community services industry in Queensland
A portable long service leave scheme for the community services industry commenced in Queensland on 1 January 2021. The new scheme allows community services workers in Queensland to accumulate service across the community sector as a whole. The scheme broadly covers...
Award variations – overtime entitlements for casuals and related matters
The FWC has varied a large number of modern awards to clarify the manner in which overtime penalties for casual employees are to be calculated under each award. The awards have generally been varied to implement one of the following three approaches: Awards where...
Employee unfairly dismissed despite sharing confidential information with her partner
On 30 March 2021, the Fair Work Commission (FWC) handed down its decision in Ariana Goss v Health Generation Pty Ltd [2021] FWC 1751. The FWC considered whether the termination of Ms Goss’s employment with Health Generation Pty Ltd (Health Generation) amounted to...
Company ordered to pay in excess of $3,700 for discriminating against a potential employee on the ground of age
On 24 March 2021, the NSW Civil and Administrative Tribunal (NCAT) handed down its decision in Galstaun v Adept Underpinner Pty Ltd [2021] NSWCATAD 75. In the decision, Adept Underpinner Pty Ltd (Adept) was ordered to pay the Applicant (Mr Galstaun) $3,740.40 for...