Fair Work Act 2009 (Cth)
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Unintended Consequences: The Effects of Voiding Ipso Facto Clauses in Business Format Franchise Agreements” – Rob Nicholls and Jenny Buchan; “Empowering Workers: Avenues of Legal Redress for Victims of Workplace Cyberbullying” – Colette Langos and Mark Giancaspro; and “Recent PPSA Reform Initiatives in Canada” – Anthony Duggan. Also in this Part is the following section: Competition Law and Market Regulation: “The First Cartel Offence Prosecution in Australia: Implications and Non-implications” – Brent Fisse.
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
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.
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 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 latest Part of Workplace Review includes the following articles: “The restoration of QC and the opportunity for choice” – Jeffrey Phillips SC; “Living for the weekend: Should weekend penalty rates be reduced or abolished?” – Emily Aitken; “Penalty rates: Do employer claims stack up?” – Tom Kavanagh; and “Inappropriate behaviour on picket line results in lawful dismissal” – Mark Curran. Also in this Part are the following sections: Editorial; Focus on: Northern Territory; Common Law and General Protections; Book Review; and Diary. There is also an interview with Tony Sheldon and a special section commemorating the fifth anniversary of the Workplace Review.
(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
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.
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.
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