The latest issue of the Workplace Review (Volume 2 Part 4) contains the following material:
Ahead of the proposed 2012 review of the Fair Work Act 2009 (Cth), and using the recent Qantas dispute as an example, Gerard Phillips points to a couple of features of the Act, specifically protected industrial action and adverse action provisions, which he believes have failed to deliver much needed flexibility to business if Australia is to be a competitive modern economy in the 21st century.
Protected industrial action: Legitimate employee right or legally sanctioned extortion? A riposte – Giri Sivaraman and Aron Neilson
In a counter view, Giri Sivaraman and Aron Neilson argue that the right to take industrial action arises from Australia’s international obligations. They argue that the negative impact of industrial action has been overstated and that if such provisions were to be removed, Australia would be out of step with international opinion and jurisprudence. They argue that bargaining should not be subject to artificial limits. Finally, they argue that the increase in adverse action cases is a reflection of the limitations of previous legislation.
Super tribunals: Is there an NCAT stalking the Industrial Court? – David Shoebridge
Administrative tribunals deal with real bread and butter issues like rental disputes, discrimination claims, consumer disputes and workers compensation matters. They are clearly important, but just how many does New South Wales really need? This is the question that has been referred to a New South Wales upper house committee for determination, with hearings starting in mid-December.
The anti-social network?: Unfair dismissal and Facebook – Stephanie Vass
Employees who post negative comments or other damaging information about their employers or other employees on social media sites, while at work or outside of work hours using a private computer, risk being dismissed from work. The serious ramifications that can result from such an action were considered by FWA in a recent decision.
The approach of Fair Work Australia to evidence – Jim Pearce
Although Fair Work Australia is not bound by the rules of evidence and therefore has a discretion to admit as evidence material that would not be admissible under those rules, it nevertheless does not have a “carte blanche” to completely ignore the rules. Here, Jim Pearce provides examples of some of the types of evidence admitted in tribunal proceedings.
This article is the second in a series looking at interpreting industrial legislation. Ian Latham examines the tension between the text of a provision, its context and the object and purpose of the legislation.
Since the introduction of the general protections provisions of the Fair Work Act 2009 (Cth) two years ago, there have been a number of high profile cases that have shed some light on the operation of the provisions. Questions, however, remain over the practical application of these provisions, particularly where the applicant has not been dismissed. Here, Andrea Ho analyses the relevant provisions and case law.
- Equal Remuneration Case – Steven Moore
- God, family and country: Politics, the Abetz way – Steven Andrew
- Paper tiger: Informax International v Clarius Group – Jeffrey Phillips SC
- Due diligence: The duty turning enforcement concepts on their heads – Michael Tooma
- The hidden cost: Costs in discrimination matters – Elizabeth Raper
- You can bring Mao and Lin Piao but don’t bring Trotsky: Review of Come the Revolution: A Memoir by Alex Mitchell – Jeffrey Phillips SC
- Musings on recent workplace moves, news and developments – Jeffrey Phillips SC
For the pdf version of the table of contents, click here: WR Vol 2 Pt 4 Contents.