Articles

There is a growing trend in Australian Courts and in its federal industrial relations tribunal to allow employers to look beyond medical certificates provided by employees. The Courts and tribunals are recognising the need for employers to obtain meaningful and detailed medical information concerning employees who have been absent for long periods of time. This […]

In February 2014, the Federal Government proposed certain amendments to the Fair Work Act through its Fair Work Act Amendment Bill 2014 (Bill). As part of the law amending process in Australia, the Bill is required to pass through both Houses of the federal Parliament – the Senate and the House of Representatives – in […]

A harmonised set of Work Health and Safety laws were introduced across Australia in 2012, and now cover all state and territory jurisdictions, except Victoria and Western Australia. One of the features of this legislative change has been the introduction of an obligation on persons in management positions to be proactive in ensuring that businesses […]

The first decision explaining the meaning of an “officer” under the harmonised Work Health and Safety laws has been recently delivered in the ACT Industrial Magistrates Court. The harmonised WHS Laws have applied across Australia since 2012, with the exception of Victoria and Western Australia. The recent decision sheds much needed light on the new […]

The decision by Hutchison Ports to retrench 97 workers last week has generated substantial media interest and publicity in recent days. The controversy seems to surround not so much the retrenchment of staff itself, but the manner in which the news was delivered to the employees by Hutchison Ports – in the form of a […]

In December 2014, the Federal Government commissioned an inquiry by the Productivity Commission (the Australian Government’s independent research and advisory body on a range of issues affecting the welfare of Australians) into the operation of Australia’s federal industrial relations legislation. The Productivity Commission was tasked with assessing the performance of the workplace relations’ framework, focusing […]

The terms and conditions of employment in many industries in Australia are governed by a combination of federal industrial relations legislation and modern industrial awards. Modern industrial awards are the end product of a process of rationalisation and amalgamation conducted by the Fair Work Commission (Australia’s federal industrial relations tribunal) of a plethora of previously […]

In Australia at present, federal industrial relations legislation contains some special provisions designed to make its obligations less onerous for small business employers. If an employer qualifies as a small business employer within the definition in the Fair Work Act, it can dismiss employees more easily, and is absolved of some responsibilities it might otherwise […]

Three very practical issues are discussed in this edition. The complexity of the law surrounding what can be paid to very senior staff when they leave the employ of a corporation has been the source of much confusion, and is starting to be the source of litigation over what can and cannot be paid. Our […]