Although uncommon for costs to be ordered following adverse action claims, the Federal Circuit Court of Australia’s recent decision of Carr v ILSC (Brisbane) Pty Ltd & Anor, Pathik v ILSC (Brisbane) Pty Ltd & Anor (No 2) [2019] FCCA 1028 highlights the Court’s increased willingness to do
The Fair Work Act 2009 (Cth) (FW Act) establishes the criteria that must be satisfied by the Fair Work Commission before approval of an enterprise agreement. Section 180(5) of the FW Act provides that the employer must take all reasonable steps to ensure that the terms
The decision of Robinson v Western Business Solutions (Australia) Pty Ltd [2018] FCA 1913 (Robinson) highlights that terminating the employment of employees absent from work for health-related reasons may expose employers to liability. Facts Mr Robinson worked as a Client Executive for Western Union and was
In July 2017, the Fair Work Commission determined to introduce a model casual conversion clause into 85 modern awards and subsequently published the final model clause that took effect in modern awards from 1 October 2018. See our previous legal alert, “Casual Conversion Rights to be Included in Awards“.
Parliament moves to block casuals from “double dipping” Following the Federal Court’s decision to award paid annual leave to a casual employee, see our previous legal alert “Regular Casual Employees Entitled to Annual Leave“, Federal Parliament has announced a regulation to be included in the Fair Work Regulations 2009 that is intended
This week, Federal Parliament has passed legislation to: respond to two recommendations of the Productivity Commission’s 2015 Final Report into the Workplace Relation Framework; and introduce unpaid domestic violence leave into the National Employment Standards in the Fair Work Act 2009. Productivity Commission’s recommendations The first
On 1 August 2018, the Fair Work Commission inserted a term entitling employees to unpaid family and domestic violence into all modern awards. The leave is available to all employees covered by a modern award. Employers should ensure that any relevant Leave Without Pay policies are updated
In September 2017, the Fair Work Commission expressed a provisional view that all modern awards be varied to insert a flexible working arrangements clause, which would expand on the right for employees to request flexible working arrangements under the Fair Work Act 2009. The Commission recently determined
Minister for Women, Kelly O’Dwyer yesterday unveiled reforms to Paid Parental Leave aimed at providing more flexibility to new parents. Until now, primary carers have had to take paid parental leave as one block of 18 weeks. The proposed change, to come into effect on 1
The full bench of the Fair Work Commission has split over when an agreement is “made” and whether bargaining can continue or must re-start if the Commission refuses to approve it. This arose in the context of an appeal against Commissioner McKinnon’s decision to refuse a
© EMA Legal
Liability limited by a scheme approved under Professional Standards Legislation.
