The AMWU made an application for a majority support determination (MSD) pursuant to section 236 of the Fair Work Act 2009 (Cth) (FW Act) in relation to employees of Kingspan Water & Energy Pty Limited (Kingspan) employed to perform factory work at its Smithfield...
Majority support determination granted despite union’s “typographical error” in misnaming the employer
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Amendments to the unpaid parental leave entitlements in the Fair Work Act
On 27 November 2020, amendments to the FW Act came into operation which enable eligible employees to take up to 30 days of their unpaid parental leave entitlement flexibly, including on a single day basis. The amendments also provide unpaid parental leave entitlements...
Clerks Award – New flexibilities where employees are working at home
On 22 December 2020, the FWC varied the Clerks – Private Sector Award 2020 to implement some new flexibilities for employers and employees. The award variations were applied for by Ai Group and not opposed by the ACTU and the Australian Services Union. The new...
High Court grants special leave to appeal Federal Court’s casual employment decision
On 26 November 2020, the High Court of Australia granted special leave to WorkPac to appeal the controversial decision of the Full Court of the Federal Court in WorkPac v Rossato. The case concerns the meaning of the term ‘casual employee’ under the Fair Work Act 2009...
Now is not the time to lose focus on ensuring workplace compliance
The more dramatic parts of the Federal Government’s Omnibus IR bill that sought to criminalise employee underpayments and introduce penalties that operated as a multiple of the magnitude of any underpayment were removed from the legislative agenda just before the Bill...
Preparing for post JobKeeper realities
With the JobKeeper Scheme ending on 28 March 2021 and Treasury estimating that between 100,000 to 150,000 JobKeeper recipients could lose employment when the scheme ends, we thought that it was an important time to provide expert advice and guidance for employers...
Termination of employment upheld despite the termination being “bereft of procedural fairness”
On 27 January 2021, the Fair Work Commission (FWC) handed down its decision in Jacob Battle v Macleay Options Inc [2021] FWC 237. The FWC considered whether the termination of the Applicant’s employment with the Respondent, Macleay Options,...
“Obvious impracticability” of sanitising a koala justified employer making an employee redundant
On 16 July 2020, the Fair Work Commission handed down its decision in Samuel McClelland v Kamori Australia Pty Ltd t/a Lone Pine Koala Sanctuary [2020] FWC 3707 which determined whether the Respondent’s decision to terminate the Applicant’s employment...
Court held “Re-negotiation” is defined as when a new agreement is reached, not when the parties first commence bargaining
On 22 October 2020, the Federal Court handed down its decision in Australian Rail, Tram and Bus Industry Union v Qube Logistics (Rail) Pty Ltd [2020] FCA 1520 which dealt with interpretation of an enterprise agreement term in relation to the meaning of...
Extension of Jobkeeper Scheme and Associated Fair Work Act Provisions
The Federal Government has extended the provisions in Part 6-C of the Fair Work Act 2009 (Cth) which enable JobKeeper eligible employer to issue various directions to eligible employees. This extends the provisions until 28 March 2021 – the same date that the...