Leading up to the closure of the casual conversation case in the 4 yearly Modern Award Review, a submission has been made to the Fair Work Commission (FWC) that if casuals are converted to part-time employees after 12 months, and if their service as a casual is counted towards redundancy payouts, it will result in […]
It is anticipated that the Fair Work Commission will make a decision regarding weekend penalty rates by September. Adjustments to weekend penalty rates has been one of several issues flagged as a part of the Commission’s 4 year review of the Modern Awards. A number of submissions and applications have been made by employers and […]
As part of the Modern Award Review currently underway at the Fair Work Commission (FWC), two matters have recently been highlighted as “common issues” following multiple applications to alter several awards. The applications relating to provisions that regulate payment of wages and annualised salary provisions have each been grouped and will be considered as common […]
As of Friday 8th July, the Fair Work Commission (FWC) launched a revitalised website with new design and features which have been based on feedback compiled through a website usability survey by stakeholders. The Commission was seeking feedback to improve the design, user experience and the functionality of the website. Feedback received from stakeholders has […]
On 15 June 2016, the Fair Work Commission released a statement to advise how the Full Bench proposed to deal with the payment of wages in relation to five issues; timing of payment of wages, removing a restriction on the days for payment of wages, timing of payment on termination of employment, penalty for late […]
On Monday 20th June, the Federal Circuit Court imposed a record penalty of over $400,000 against a West End 7-Eleven store that systematically exploited employees. As Judge Jarrett found the 7-Eleven franchisee had shown “contemptuous disregard” for Australian workplace law and deceiving the Fair Work Ombudsman (FWO), he handed down record penalties of $340,290 to […]
A former employee’s unfair dismissal claim has been given new life at a Fair Work Commission hearing. A worker was granted permission by the Commission to pursue her unfair dismissal claim, 64 days outside the 21 day statutory limit. Senior Deputy President (Snr DP) Lea Drake considered the worker’s statement in support of the application […]
On 23 May 2016, the Fair Work Commission (FWC) handed down a decision as part of their four-yearly review of the modern awards. Last year the FWC determined model clauses regarding ‘cashing out of annual leave’; ‘excessive annual leave’; ‘electronic funds transfer and paid annual leave;’ and ‘granting leave in advance’. Cashing out of annual […]
In a recent case before the Fair Work Commission, a human resources manager has been held responsible for failing to adequately prepare their colleague in the investigation of an employee. The employee, who had provided over 30 years of service to K&S Freighters Pty Ltd, was called to a meeting with the area manager to […]
In a recent case regarding a human resource manager, manager and a long-serving employee, the Fair Work Commission has found that a better briefing to a manager should have occurred before he dismissed an employee during a meeting. The employee had been working for K&S Freighters Pty Ltd for over 30 years without blemish. The […]
You may have seen some media reporting this week about the upcoming Annual Wage Review of minimum wages, and the National Retail Association’s position leading the discussion on behalf of retailers. I’d like to share with you some of the thinking that informs our submission on this issue each year. As a knee-jerk reaction, it […]
The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of the Fair Work Act 2009 (Cth) (the Act). Consideration must be given to the continuation of employment, the whether the demotion imposed a significant reduction in status and payment. The recent case of Phillip Moyle v […]
Employers are reminded to take caution when sending their employees for a medical assessment, as a recent case has brought to light the consequences of dismissing an employee on these grounds. In the case of Norman v Lion Dairy and Drinks Limited, an employee who suffered from a serious skydiving accident was asked to seek […]
In a recent decision before the Fair Work Commission, it has been held that volunteers are unable to make anti-bullying claims against their employers, as they do not satisfy the definition of “worker” under s 789FC of the Fair Work Act 2010 (Cth). In the facts of this case, a volunteer had brought an application for […]
In a recent case before the Fair Work Commission, it was decided that employees working under “special purpose contracts” were not eligible for redundancy pay on termination of their employment. Special purpose contracts include agreements whereby the employee has been contracted to perform a particular task or for a specified period of time. The facts of […]
As 2015 draws to an end and employers prepare to celebrate the Christmas season, it is worth revisiting a case that has shed some light on what is inappropriate conduct at a work function. In this case, it was held that an employee had been unfairly dismissed despite his intimidating behaviour and harassment of colleagues […]
In this case update, the NRA Legal team reviews the recent Fair Work Commission decision on 16 November 2015 of Sharon Bowker, Annette Coombe and Stephen Zwarts v DP World Melbourne Limited T/A DP World; Maritime Unions of Australia, The, Victorian Branch and Others [2015] FWC 7312. This decision provides much-needed insight into the scope […]