Category: Industrial & Employment Law
Additional hours – what is reasonable?
According to The Australia Institute, the average Australian worker performs 6 weeks of unpaid overtime a year, worth over $8,000 per worker, per year. Managers and professionals experience the highest rates of unpaid overtime and excessive or unreasonable hours.
Nurses denied pay for time spent self-testing for COVID-19 before every shift
In May 2023, the Fair Work Commission determined that a group of nurses and nursing staff, covered by an enterprise agreement, were not entitled, under that agreement, to overtime pay for the time they spent testing themselves for COVID-19 before each shift.
Whistleblower protections in the private sector
A whistleblower may make a protected disclosure for a variety of reasons, including to expose wrongdoing or unlawful activity, or to prevent harm to the public or the environment.
Will I get reinstatement after a successful unfair dismissal claim?
While compensation (instead of reinstatement) of up to six months’ pay is a common alternative remedy for unfair dismissal, reinstatement remains the primary remedy under the Fair Work Act. However, even in successful unfair dismissal applications, the Fair Work Commission often does not order reinstatement.
Casual employees’ entitlement to unfair dismissal protection
Two Fair Work Commission decisions in 2022 considered the circumstances in which a casual employee will be protected from unfair dismissal. These decisions were influenced by recent High Court decisions on the importance of written employment contracts in determining the nature of an employment relationship.
Can staff be directed to work on a public holiday?
The Federal Court has re-affirmed employees’ entitlement to a paid day off on a public holiday. It’s also clarified s 114 of the Fair Work Act 2009 regarding how an employer can reasonably request staff to work on a public holiday, when an employee can reasonably refuse such a request, and the distinction between a request and a requirement.
$184,000 fine for employer who failed to pay entitlements on termination
When an employee resigned from her employment as General Manager at Atanaskovic Hartnell Corporate Services, the employer refused to pay her final pay entitlements, including outstanding wages, annual leave and long service leave. In Court proceedings, the employer was ordered to make payment but failed to do so within the 21-day requirement. Significant penalties were subsequently ordered.
Casual vs part-time and full-time employee rights and entitlements
There are three primary types of employment; full-time, part-time and casual. There are some common employee rights and entitlements that are shared across all three types of employment, however, a casual employee has fewer rights and entitlements than full-time and part-time employees.
Pay secrecy terms in employment contracts are illegal
Changes to pay secrecy laws in Australia mean that it will be illegal for employers to use pay secrecy terms in employment contracts from 7 December 2022. These laws protect employees’ rights to discuss, or not discuss, their pay with any other person, including work colleagues.
No remedy for ABS employee terminated after sharing anti-lockdown post on LinkedIn
The Federal Circuit and Family Court of Australia has dismissed a claim by an employee alleging that the Australian Bureau of Statistics (ABS) took adverse action against her when it terminated her after she shared anti-lockdown material on her LinkedIn profile during the height of the COVID-19 pandemic in 2021.
Win delivers significant reduction in fines for CFMMEU after successful appeal
In May 2021, the Australian Building and Construction Commission issued proceedings against the CFMMEU and two of its officials for breach of right of entry laws. In February 2022, the Federal Circuit Court ordered penalties, by way of fines. On appeal it was argued that these fines were manifestly excessive. The appeal court agreed, resulting in a reduction in fines by a total of over $54,000.
Fair Work Commission quashes sham enterprise agreement
In this case review, the Full Bench of the Fair Work Commission has demonstrated its ability, and willingness, to overturn agreements that fail to meet legal requirements and to ensure businesses and individuals who fail to comply with the law are held to account.