Fair Work Act protections – protecting whom?
The Fair Work Act 2009 (Cth) (the Act) contains a wide range of protections for employees. These manifest through express provision, the stipulation of minimum standards (National Employment Standards), the delimiting of employers’ scope of action, or combinations of these. While the protections are apparent in the Act’s words, their individual effectiveness turns on how ...more
Workplace Review update: Winter 2016
This pre-election Winter issue of the Workplace Review (Volume 7 Part 2) covers the following content: “The CFMEU’s case against the ABCC” – Rita Mallia; “Interns or employees?” – Steven Moore QC; “The future of Australian industrial relations” – Neil Napper; “Green Acres (with apologies to Eddie Albert and Eva Gabor) – domestic service regulation in Australia” – Jeffrey Phillips SC; “What is the future of employee representation?” – Marea Wilson; and “NSW Police Force – Workforce Improvement Program” – Assistant Commissioner Carlene York APM and Kristie Out; as well as the following sections: Focus on South Australia: “Workplace relations developments” – Rick Manuel; Focus on Western Australia: “Employees pick up the bar tab for that final stint of rest and recreation” – Duncan Fletcher and James Parkinson; Interview: “‘A full and happy life’: Brendan O’Connor’s goal for Australia’s workers” – by Craig Ryan; and “Commissioner Roberts retires” – Jeffrey Phillips SC; Work Health and Safety: “It’s not me, it’s you … and other myths about labour hire legal liability in health and safety” – Elana O’Reilly; The Last Word; and Diary.
Would you work for free?
You may have to if you are a young law student/graduate trying to get your foot in the legal industry door in today’s “buyer’s market” for law jobs – though buying may be moot! With a 9% plus yearly increase in law graduates entering the legal jobs market – nearly 15,000 in 2014 – competition ...more
Reinstatement as remedy: practical, humane
Reinstatement is the primary remedy in unfair dismissal cases under the Fair Work Act 2009 (Cth), but as two articles in the latest edition of Workplace Review (Summer 2016, Vol 7 Pt 1) make clear, more often than not monetary compensation is the remedy provided in successful claims. One reason for this suggested by James ...more
The Grocon dispute: An update
(Published in Focus On: Victoria, Vol 3 Pt 4 (Dec 2012) of Workplace Review) By Steven Moore, Barrister In August-September 2012, Victoria was the epicentre of the industrial confrontation which occurred between the CFMEU and the Grocon companies. Although that confrontation was played out at a number of sites in Victoria and elsewhere, its dramatic focus was at ...more
Workplace Review update: Spring 2012
The Spring edition of Workplace Review publishes articles on a wide range of topics including the test for adverse action, workers compensation, recovery of funds that have been misappropriated, gender equity and its implications for productivity, dependent contractors’ leave entitlements, practical jokes at work, emotional intelligence in the workplace plus much more.
Workplace Review update: Winter 2012
The Winter 2012 edition of Workplace Review includes the following articles: “The industrial relations system is fundamentally flawed” – Frank Marks; “The ACTU’s insecure work campaign” – Natalie Rodwell and Neil Napper; “From ABCC to FWBC: Tides of change?” – Irina Kolodizner and Neil Napper; “Assessing compensation in adverse action cases” – Ian Latham and David Taylor; “Casual chat backfires on bank” – Craig Tanner; and “Keeping older workers on the dance floor and the benefits of SLOW ageing” – Kate Marie and Eva Migdal. Also included in this Part are a range of section notes, including an interview of Professor John Buchanan, Vales of The Hon Judith Cohen and Frank Walker QC, the Diary and much more.
Protected action under the Fair Work Act (Excerpt from WR Summer 2011)
EXCERPT FROM THE LAST WORD COLUMN* By Jeffrey Phillips SC One of the worrying aspects of the Fair Work Act 2009 (Cth) is the increased use of the “protected action” provisions of the Act. These provisions permit industrial organisations to engage in strikes or industrial action during designated bargaining periods without the consequences which would ...more
Workplace Review update: Summer 2011
The Summer 2011 issue of the Workplace Review includes several interesting articles and sections on a range of topics including, but not limited to, protected industrial action, unfair dismissal and Facebook, the approach of Fair Work Australia to evidence, work health and safety, costs in discrimination matters and the general protections provisions of the Fair Work Act 2009.
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