The latest issue of the Workplace Review (Volume 3 Part 3) contains the following material:
High Court clarifies the test for adverse action – Emma Purdue and Julian Riekert
In a welcome development for employers, the High Court of Australia has recently overturned the majority decision of the Full Federal Court in Barclay v Board of Bendigo Regional Institute of TAFE. The High Court’s decision has clarified the operation of the adverse action provisions of the Fair Work Act 2009 (Cth) and confirmed that union representatives do not enjoy complete immunity from those policies and standards which apply to them in their dual capacity as employees.
Midnight madness in workers compensation – David Shoebridge
If anyone was labouring under the misapprehension that modern Parliaments are effective, efficient or capable, then the goings-on in the New South Wales Parliament a little after midnight on 22 June 2012 should set them right.
An effective and expeditious remedy is needed where misappropriation or misapplication of funds by officials of registered organisations is found to have occurred. The current law is lacking in this regard, but with minor refinement, it could be significantly improved to empower the Federal Court to more effectively oversee the proper administration of registered organisations.
Improving gender equity = increased productivity – Rachael Sutton
Bridging the gender equity gap and encouraging more women into the workforce is one important factor, often overlooked, that could boost Australia’s declining productivity.
There has been some relief for dependent contractors since the introduction of the Paid Parental Leave Act 2010 (Cth) because for the first time they are entitled to leave entitlements in a similar manner to employees. Does it follow that dependent contractors should be entitled to leave entitlements under the Fair Work Act 2009 (Cth)? This article argues they should not because the Independent Contractors Act 2006 (Cth) should be the mechanism by which dependent contractors are protected. However, the system must be more accessible to dependent contractors and provide adequate enforcement.
No-one left laughing after practical joke goes “horribly wrong” – Meryl Remedios
Four workers have faced the Industrial Court of New South Wales for their involvement in a practical joke that went “horribly wrong”. The workers were each prosecuted – including one worker who denounced the joke on the basis that it was not a good idea and who refused to join in.
Emotional intelligence in the workplace – Christopher Golis
This article is divided into three parts. It first provides a definition of emotional intelligence (EQ). It then discusses a technique for how to lift your EQ and then explains how EQ has workplace application for industrial disputes.
- Kirk and judicial review of Industrial Court of Queensland decisions – Sandy Horneman-Wren SC
- With stability comes change: Vice President Watson on improving workplace dynamics and why the new industrial regime is here to stay – By Azadeh Khalilizadeh
- Michael Kirby: Law, Love & Life (Dellora) – Reviewed by Cyrus Achaemenian
- Modern Contract of Employment (Neil and Chin) – Reviewed by Jeffrey Phillips SC
For the pdf version of the table of contents, click here: WR Vol 3 Pt 3 Contents.