All publications relating to ‘Employment’
Personal/carers leave — how it should be calculated- latest developments- August 2019
Calculating employee entitlements can be complex and demanding at the best of times, however the decision of the Full Court of the Federal Court in Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturers Workers Union (AMWU) [2019] FCAFC 138 will, unless disturbed, add…
The Religious Discrimination Bill: Initial Observations
Following the Marriage Equality debate and the ongoing Israel Folau saga, the issue of religious freedom has been given some prominence. The Australian Government has released what it describes as ‘religious freedom reforms’ on which it is actively seeking submissions. The proposed reforms will undoubtedly be the subject of much…
Deeds of Release and their effectiveness – update 2019
Introduction Releases and in particular, deeds of release, play a significant role in resolving disputes across a wide range of issues and at different stages in their evolution. It is a reasonable expectation to have, as the beneficiary of a release, that it will provide certainty going forward and that the person providing the…
Keeping the High Court decision in Comcare v Banerji in perspective
The High Court decision in Comcare v Banerji [2019] HCA 23, which relates to tweets by a Commonwealth public servant (tweeted under the handle @LaLegale) about government policies, has been handed down. The court held that various sections of the Public Service Act 1999 (Cth) (Act), relating to the Australian Public Service (APS)…
Termination of employment by SMS fails the fairness text
Texting Times for Employers In two recent unfair dismissal decisions, the Fair Work Commission (FWC) has condemned the practice of terminating employment by text message. In the decision of Kurt Wallace v AFS Security 24 7 Pty Ltd (U2019/1622), Commissioner Cambridge considered the submission by the employer in respect of a termination by text, which was…
The Current State of Play in the Israel Folau Case
What proceedings has Israel Folau initiated? It has been widely reported that Israel Folau has commenced proceedings with the Fair Work Commission (FWC) alleging a breach of section 772 of the Fair Work Act (Act) for unlawful termination of his employment with Rugby Australia (RA) on the grounds of religion. Unlike court…
The proper scope of the anti-bullying jurisdiction
Strong Words from the FWC Bench In the recent decision of Tanka Jang Karki [2019] FWC 3147, which dealt with an application to the Fair Work Commission (FWC) for a stop bullying order, Deputy President Sams took the opportunity to express disquiet about the way in which some applicants use the anti-bullying…
Fair Work Commission rules out new approach to individual dispute
A New Approach Section 576(2)(aa) of the Fair Work Act (Act) confers upon the Fair Work Commission (FWC) the function to promote ‘cooperative and productive workplace relations and preventing disputes’. Pursuant to this provision, the FWC has implemented a jurisdiction called ‘New Approaches’, which has the aim of assisting employers, employees and…
Change the rules – which ones? What businesses need to know about Labor’s employment policy
The Federal Election is less than two weeks away and the Australian Labor Party (Labor), has announced a robust and ambitious reform agenda. Within this reform agenda are key changes to the Australian Fair Work régime, and the question arises as to how will these changes impact Australian businesses if Labor…
Unfair Dismissal – Confidentiality no excuse for failure to consult on redundancy
A recent decision in the Fair Work Commission has shone a light on a dilemma which employers face when managing redundancies in the context of a confidential business acquisition. The dilemma is, at what point in time should the employer disclose to staff the impending acquisition and its likely impact upon their continuing…