A national campaign with the slogan #SaveDave, which took the dismissal of a union representative employee all the way to the Fair Work Commission (FWC), has highlighted to employers the importance of recognising what is, and what is not, industrial action.
What is industrial action?
The regulation of industrial action set out in the Fair Work Act 2009 (Cth) (FW Act) is limited, in large part, to…Continue
Added by Shane Koelmeyer on December 12, 2017 at 9:30 — No Comments
In recent years, the Fair Work Ombudsman (FWO) has made it clear that it is prepared to prosecute not only employers, but also individuals and third parties ‘involved in’ contraventions of the Fair Work Act 2009 (Cth) (FW Act).
Most recently, the FWO was successful in its prosecution of a Chinese restaurant as well as its sole director, its human resources manager and its store manager for various breaches of the FW Act, which resulted in 85…Continue
Added by Shane Koelmeyer on December 12, 2017 at 9:27 — No Comments
Recently, the South Australian government announced that two of its employees engaged as carers were found unsuitable to work with children, following the introduction of a new testing and screening process involving psychological testing.
The new tests were introduced following the recommendations of the State’s Child Protection Systems Royal Commission report. As a result, all new applicants for positions as carers in South Australian residential care facilities are now required to…Continue
Added by Shane Koelmeyer on December 12, 2017 at 9:04 — No Comments
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…Continue
Added by Shane Koelmeyer on November 7, 2017 at 12:00 — No Comments
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…Continue
Added by Shane Koelmeyer on November 7, 2017 at 11:48 — No Comments
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?
Added by Shane Koelmeyer on November 7, 2017 at 11:31 — No Comments
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…Continue
Added by Shane Koelmeyer on November 6, 2017 at 13:01 — No Comments
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…Continue
Added by Shane Koelmeyer on November 6, 2017 at 12:52 — No Comments
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;…Continue
Added by Shane Koelmeyer on November 6, 2017 at 10:58 — No Comments
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,…Continue
Added by Shane Koelmeyer on November 2, 2017 at 16:00 — No Comments
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…Continue
Added by Shane Koelmeyer on November 2, 2017 at 15:38 — No Comments
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  FCCA 229).…Continue
Added by Shane Koelmeyer on November 2, 2017 at 15:16 — No Comments
In Part 1 of our blog series on older employees, Selfie time – Video “Snaplication and the potential for age discrimination in recruitment, we looked at age discrimination in the recruitment process.
At the other end of the…Continue
Added by Shane Koelmeyer on October 17, 2017 at 14:43 — No Comments
In the modern day workplace, employers are becoming increasingly reliant on computer systems and introducing new forms of technology and equipment to increase productivity and output. It is often therefore a requirement that employees be proficient in certain computer programs or, at least, that they undergo training to become proficient.…Continue
Added by Shane Koelmeyer on October 16, 2017 at 16:30 — No Comments
We’ve all heard of “blind” recruiting, particularly in the early phases of the recruitment process, but what about the opposite? Actively recruiting based on a visual medium? Look no further than the “Snaplication.”
The Snaplication is an online video job application that can be made and submitted using social media app Snapchat. The Snaplication is…Continue
Added by Shane Koelmeyer on October 16, 2017 at 16:00 — No Comments
The world has been following the NFL with keen interest these past few weeks after President Trump called on NFL owners to fire players who refused to stand for the US national anthem and flag before a game – raising interesting questions for us sports-loving employment lawyers.
The “Take a Knee” movement was started in 2016 by former San Francisco…Continue
Added by Shane Koelmeyer on October 11, 2017 at 16:21 — No Comments
All too often workplace disputes arise out of conversations or meetings where the participants have wildly different versions of events. The parties then end up before a court or the Fair Work Commission (FWC) where a judge or FWC member is tasked with deciding whose evidence they prefer – essentially, who appears to be more credible and reliable.…Continue
Added by Shane Koelmeyer on October 11, 2017 at 16:05 — No Comments
In determining whether an employee’s termination was harsh, unjust or unreasonable, s 387 of the Fair Work Act 2009 (Cth) (FW Act) provides a list of criteria the Fair Work Commission (FWC) will consider. One such criterion is whether there was any unreasonable refusal by the employer to allow the person to have a support person present in any discussions relating to dismissal.…Continue
Added by Shane Koelmeyer on October 11, 2017 at 15:31 — No Comments
From the moment an individual applies for a job, an employer has collected personal information about that person. As the employment relationship continues more and more personal information about the individual is collected – and for legitimate reasons.
Some information may relate to the practical side of the employment relationship like contact…Continue
Added by Shane Koelmeyer on October 11, 2017 at 15:14 — No Comments
A recent decision of the Fair Work Commission (FWC) has highlighted the importance of correctly managing employees’ requests for annual leave (Adriana Stevens v Horsley Park Supermarket Pty Ltd T/A Carlo’s IGA Horsley Park  FWC 4626).
The employee in question was dismissed from her employment as a Duty Manager in a supermarket…Continue
Added by Shane Koelmeyer on October 11, 2017 at 14:45 — No Comments