Shane Koelmeyer's Blog – September 2016 Archive (5)

Clocked-off but carrying on: Employee dismissed for out of hours conduct

In a recent decision of the Fair Work Commission (K v Coal & Allied Mining Services Pty Limited T/A Mount Thorley Operations/Warkworth Mining [2016] FWC 6018 (Mount Thorley decision)), Commissioner Saunders said,

“It is only in exceptional circumstances that an employer has a right to extend any supervision over the private activities of employees.”

Thankfully, most employers will never have to concern themselves with…


Added by Shane Koelmeyer on September 26, 2016 at 14:54 — No Comments

Netball collective playing agreement takes centre court

There has been much attention on the new Netball Australia collective agreement (the Agreement) announced last week. The Agreement, described as a “landmark deal” for women’s sport, increases the minimum player salary from $13,250 per year to $27,375 per year.

In what is seen as a move toward professionalism for the sport, all National Netball League players will now be signed to a 12 month part-time contract for an average of 20 hours per week. This was viewed as a significant…


Added by Shane Koelmeyer on September 26, 2016 at 14:30 — No Comments

Conducting investigations: Are you in or out?

One of the first decisions to be made by an employer when confronted with a situation warranting investigation is whether the matter can be adequately investigated internally or whether investigation by an independent third party is warranted.  This decision is an important one – choosing the wrong option can potentially lead to other claims including workers compensation, general protections or a “stop bullying” application under the Fair Work Act 2009 (Cth) (the…


Added by Shane Koelmeyer on September 22, 2016 at 10:43 — No Comments

Court in the middle: Changes proposed for the NSW Industrial Relations Commission

The NSW Government has proposed changes to the exercise of functions by the NSW Industrial Relations Commission (NSW IRC) in response to a marked decreased workload level.

The Commission is primarily responsible for the conciliation and determination of unfair dismissal applications, industrial disputes and the approval of awards and enterprise agreements in the NSW public sector, including NSW local councils.

It is intended that the judicial functions of the NSW IRC…


Added by Shane Koelmeyer on September 12, 2016 at 15:30 — No Comments

Preaching to the converted – Casual conversion, prior service and the calculation of entitlements

The Fair Work Commission (FWC) recently heard the final submissions of parties in the casual employment case arising out of the four yearly review of modern awards (the Review).

Of particular interest to the parties at the hearing was the operation of casual conversion clauses and how they affect ‘service’ as it is defined in the Fair Work Act 2009 (Cth) (FW Act).

What is casual conversion?

Casual conversion is the…


Added by Shane Koelmeyer on September 5, 2016 at 14:30 — No Comments

Monthly Archives





© 2018   Created by Jo Knox.   Powered by

Badges  |  Report an Issue  |  Terms of Service