*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Workplace Review (Volume 5 Part 4) contains the following material:
- Bullying at work – it just doesn’t stop at section 789 of the Fair Work Act – Bruce Taylor
The restoration of QC and the opportunity for choice – Jeffrey Phillips SC
This article is an edited version of a paper delivered at the Annual Conference of Australians for Constitutional Monarchy at the Four Seasons Hotel, Sydney on 28 November 2014.
Penalty rates, particularly weekend penalty rates, have been the subject of much debate in recent years. In hearing the appeal of Deputy President Gooley’s decision in the two-yearly review of the Restaurant Industry Award 2010, the Full Bench of the Fair Work Commission undertook a long and detailed consideration of the legislative, social, demographic, and economic issues at play in the weekend penalty rates debate. Each of these issues will be considered in detail, with the eventual conclusion being reached that the social disadvantage arising from weekend work remains significant enough in modern times to warrant the retention of weekend penalty rates in the Modern Awards. However, it is also argued that there may be cause to reduce such penalties under individual Modern Awards based upon the nature of the particular industry or occupation, and in the context of the other considerations which form part of the Modern Awards objective under the Fair Work Act 2009 (Cth).
Penalty rates: Do employer claims stack up? – Tom Kavanagh
The Full Bench of the Fair Work Commission recently varied the Restaurant Industry Award to reduce penalty rates for certain casual workers. This article examines whether the assertions made by employers regarding the impact of penalty rates have been adequately supported by evidence, and suggests that such evidence should be a necessary requirement so that employer claims can be appropriately assessed and balanced against the competing claims of employees.
Union members are not protected from disciplinary action under the Fair Work Act 2009 (Cth) whilst they are engaging in lawful industrial activities. If they breach the legal obligations they owe their employer, they remain liable to discipline.
- Tony Sheldon: Transport Workers Union heavyweight shows his caring side – by Steven Andrew
- Contemplating reasonableness in summary dismissal – Victoria Lambropoulos
- Inclusivity producing social and financial dividends for business – Daniel Andreallo
- Miscellany of the legal world – Jeffrey Phillips SC
For the pdf version of the table of contents, click here: WR Vol 5 Pt 4 Contents.