A court ruled that an employer’s decision not to renew an expired fixed term employment contract did not involve a “dismissal” for the purposes of Australian employment legislation.
A Court found that an international supermarket chain was required to enter into a greenfields enterprise agreement when expanding its operations and not an ordinary enterprise agreement. This case confirms that an employer establishing a new business cannot circumvent the statutory requirements attending the entry into greenfields agreements by entering into an ordinary enterprise agreement with staff employed elsewhere.
i) The Full Court held that the Australian Federation of Air Pilots was entitled to bring proceedings on behalf of members as well as non-members who were eligible for membership under the rules of the organisation.
ii) The Full Bench of the Fair Work Commission confirmed that a dismissal does not take effect until it has been communicated to the employee and that in this case, the employee’s dismissal did not take effect until the employee had opened and read the email five days after it was sent.
The Industrial Relations was introduced. If enacted, this legislation will have the effect of moving the judicial functions of the NSW Industrial Relations Commission to the Supreme Court of the New South Wales. This is the latest move in a recent shift towards having state industrial matters heard in courts of general jurisdiction rather than in a specialist industrial forum.
The final luncheon in the Harmers Western Sydney Forum event series was held on Thursday 27 October 2016 at the Pullman Hotel in Sydney Olympic Park. The topic of “Complaint Handling for Managers” was presented by three legal practitioners from Harmers Workplace Lawyers: Michael Harmer, Chairman and Senior Team Leader, Emma Pritchard, Executive Counsel and […]
In the last few years, the Fair Work Ombudsman (FWO) has become increasingly vigilant in pursuing small to medium sized employers who are not compliant with their obligations in relation to employee entitlements, in particular the payment of wages. The FWO is increasingly willing to take Court action against employers who are failing to comply with their obligations arising under the Fair Work Act 2009 (Cth) and any applicable awards. Recent judgments from the Federal Courts also show that Judges are prepared to hand down orders for large penalties where there have been serious contraventions. Given the increasing vigilance in this area of employee entitlements, employers and their directors and managers are strongly encouraged to conduct regular compliance audits and staff training to avoid exposing themselves to civil penalties and back payment orders.
On Thursday 29 September 2016, Harmers Workplace Lawyers sponsored and hosted the Australian Institute of Employment Rights (“AIER”) 6th Annual Ron McCallum Debate (“Debate”) at the Four Seasons Hotel in Sydney. This year’s outstanding line-up of panellists, moderated by The Hon Geoff Giudice AO, included: Emeritus Professor Ron McCallum AO; Caterina Cinanni, National President, National […]
In the last few years, the Fair Work Ombudsman (“FWO”) has become increasingly vigilant in pursuing small to medium employers who are not compliant in their obligations in relation to employee entitlements, in particular the payment of wages. Indeed, the FWO is increasingly willing to take Court action against employers who are failing to comply […]
In May 2016, the Prime Minister of Australia advised the Governor-General to exercise his power to dissolve both Houses of Federal Parliament – the Senate and the House of Representatives – after the Senate failed to pass three bills (proposals for new laws or changes to existing laws) relating to industrial relations. As a result, a full federal election was held at the beginning of July 2016. While counting has not yet concluded, it appears likely that the Coalition (Liberal and National) will return to Government, but with a reduced number of seats in the House of Representatives. Broadly, these bills propose changes to the current regulation of: a) The building and construction industry (increased powers and tougher penalties for breaches relating to unlawful industrial action and coercion); and b) Registered organisations, such as unions (stronger disclosure requirements for officers and increased penalties for breaches of their statutory duties).
In this video presentation, Michael Harmer, Chairman & Senior Team Leader, Harmers Workplace Lawyers, provides an overview of the workplace relations landscape leading up to the 2016 Federal election. Sophie Redmond, Executive Counsel & Team Leader, Harmers Workplace Lawyers, then discusses the often vexed issue of how to properly manage employees with extended absences from […]