Category: Industrial & Employment Law
Fair Work Commission highlights the need for proper, clear drafting of agreements
The recent decision of the Full Bench in the Fair Work Commission (FWC) in Kentz Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of…
QIRC accepts Direction after Inaccurate Training amounted to Unreasonable Management Action
The Queensland Industrial Relations Commission has accepted that an employer’s conduct surrounding inaccurate No Go Zone training was unreasonable management action that caused miner’s injury.
Court finds no reasonable prospect of success as ABCC case dropped
The Federal Court has found in favour of the CFMEU, with yet another ABCC case dropped after it was deemed they had no reasonable prospects of success. In October 2016…
Pre litigation discovery the first step to enforcing Agreement terms and conditions
After suspecting an Agreement had been breached, our client, the ETU, had limited options moving forward because the relevant project was complete. With the use of pre litigation discovery, we…
Federal Court finds CFMEU has right to hold discussions in crib room
The Federal Court has approved the CFMEU’s interpretation of the Fair Work Act, rejecting BMA’s arguments and finding the union had a right to hold discussion in the dragline’s crib…
Undertakings Deemed Insufficient as Agreement fails Better Off Overall Test
After more than two years of proceedings, the Full Bench of the Fair Work Commission has held that undertakings will not resolve deficiencies where an Agreement fails the Better Off…
Rare QCAT Costs Order awarded against NMBA after refusal to settle
Our client admitted allegations of professional misconduct brought by the Nurisng and Midwifery Board of Australia (NMBA) and sought to settle the matter. The NMBA refused, with the matter going…
The year in review: Industrial Relations in 2015
As the year comes to an end we review the big wins from Hall Payne Lawyers, as well as key legal developments in Industrial Relations in 2015. Trade unions from…
ABCC submissions dismissed for third time, this time by Federal Court
Less than two weeks after gaining enhanced powers, ABCC submissions have been dismissed for the third time, this time by the Full Court of the Federal Court. This decision…
Hall Payne Lawyers scores record $1.27m compensation for adverse action claim
After being awarded $630k for injuries sustained at work, our client was stood down by Rio Tinto. Along with the CFMEU, we alleged they took adverse action because our client…
CFMEU Charges Dropped as Royal Commission Case labelled a “Dog’s Breakfast”
Following a suite of failed allegations stemming from the Trade Union Royal Commission, two separate decisions have seen CFMEU charges dropped.
Nursing misconduct penalty reduced amidst exceptional mitigating circumstances
A registered nurse who had started a relationship with a former patient admitted to allegations of professional misconduct brought by Nursing and Midwifery Board of Australia (NMBA). The NMBA sought…