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Australia: High Court confirms judges can make orders preventing unions from paying penalties on behalf of individual union officials

A majority of the High Court of Australia has held judges may make personal payment orders against persons found to have contravened a civil remedy provision of the Fair Work Act 2009 (Cth) (“FW Act”). If such an order is made, the contravener cannot rely on an associated organisation (such as their union employer) to pay the penalty on their behalf.

Australia: New laws regulating the labour-hire industry likely in Victoria following introduction of similar schemes in Queensland and South Australia

Legislation regulating the labour-hire industry has reached Victoria’s upper house and follows the introduction of similar schemes in Queensland and South Australia. If passed, the new laws would require operators to pass a “fit and proper person” test and establish a new Labour Hire Licensing Authority and Office of Labour Hire Licensing Commissioner.

Australia: Webinar: “New Year – Fresh HR Start”

Date: 7 February 2018 (AEDT 1pm to 1.30pm) Start the new year off on the right foot by making sure all your Australian HR processes are up-to-scratch! This session will cover: why well-drafted employment contracts are essential for every business; what information must be recorded in time and wages records and shown on employee payslips; […]

Australia: Employment Tribunal Redefines Meaning of “Representation” by Lawyers and Paid Agents

A Full Bench of the Fair Work Commission (“Commission”) held the “substantial” involvement of a lawyer in the preparation of a party’s case triggered an obligation under the Fair Work Act 2009 (Cth) (“Act”) to obtain the Commission’s permission to act as a lawyer or paid agent. This was despite the fact the lawyer did not act as the party’s advocate during the hearing itself.