Shane Koelmeyer's Blog – November 2017 Archive (9)

Flexed to the limit: How the Fair Work Act encourages flexibility in the workplace

A recent survey conducted by global workplace solutions group, ManpowerGroup, has revealed that almost 90% of workers are opting for, or at least open to, arrangements that allow for flexibility in lieu of traditional “9 to 5” work arrangements.

The research report, #GigResponsibly – The Rise of NextGen Work, uses the term “NextGen Work” to…

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Added by Shane Koelmeyer on November 7, 2017 at 12:00 — No Comments

Safety not guaranteed – Workplace bullying and work health and safety

The anti-bullying measures in the Fair Work Act 2009 (Cth) were introduced in response to the Government Inquiry report, Workplace Bullying: We Just Want it to Stop, which recognised the problem of bullying in workplaces as both an industrial relations issue, and a risk to the work health and safety of workers.

The SafeWork Australia…

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Added by Shane Koelmeyer on November 7, 2017 at 11:48 — No Comments

Why, I do declare! – Statutory declarations in the employment context

In Australia, we rely on statutory declarations for a range of purposes, from declaring identity details when documents are lost to making statements about particular situations, including in the employment context.

What is a statutory declaration?

In…

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Added by Shane Koelmeyer on November 7, 2017 at 11:31 — No Comments

Say it, don’t spray it: Paint gun operator summarily dismissed for serious misconduct

The Fair Work Regulations 2009 provide a non-exhaustive list of instances that might constitute “serious misconduct” warranting summary dismissal. We have previously discussed these Regulations and what might or might not constitute serious misconduct in our blog, “If I can be serious for a moment – getting serious about serious…

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Added by Shane Koelmeyer on November 6, 2017 at 13:01 — No Comments

Top of the food (supply) chain: Woolworths enters compliance deed to eliminate trolley collector exploitation

Earlier this year, we told the tale of the of the trolley collectors in Once upon a trolley – an ongoing saga involving underpayments, vulnerable workers and the Fair Work Ombudsman’s (FWO’s) scrutiny of labour supply chains. In that blog, we focussed on an enforceable undertaking that involved Coles supermarkets and the…

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Added by Shane Koelmeyer on November 6, 2017 at 12:52 — No Comments

Let me restart: Anti-bullying orders issued to employer and employee to reset the employment relationship

The anti-bullying jurisdiction of the Fair Work Act 2009 (Cth) (FW Act) gives the Fair Work Commission (FWC) a broad power to make any order it considers appropriate to prevent a worker from being bullied at work (except an order which requires monetary payment).

In Burbeck v Alice Springs Town Council; Davison; Price;…

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Added by Shane Koelmeyer on November 6, 2017 at 10:58 — No Comments

The student becomes the master: When work experience turns into paid employment

Earlier this year, we wrote about the growing concern of an increasing number of people being engaged in unpaid work that was unlawfully described as work experience, a vocational placement or an internship (see our blog “The Intern”).

When engagements of this kind are legitimate,…

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Added by Shane Koelmeyer on November 2, 2017 at 16:00 — No Comments

Bye, Bye, Bye – Is your business ready for sudden senior leadership departures?

The sudden resignation of the head coach of the Western Sydney Wanderers (the Club) was a shock to the Club and to the wider A-League football community.

The head coach advised the Club just one week before the start of the A-League season that he would be leaving immediately to take up a coaching role at an international club, and in the…

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Added by Shane Koelmeyer on November 2, 2017 at 15:38 — No Comments

The INNS and outs of adverse action: FWO prosecutes hotel owner for underpaying employees because of race

In its first ever underpayment prosecution relying on the race discrimination provisions of the Fair Work Act 2009 (Cth) (FW Act), the Fair Work Ombudsman (FWO) has successfully established that two employees of Chinese descent and Malaysian extraction were underpaid because of their race and/or national extraction (Fair Work Ombudsman v Yenida Pty Ltd & Anor [2017] FCCA 229).…

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Added by Shane Koelmeyer on November 2, 2017 at 15:16 — No Comments

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