The Summer 2019 Part of the Workplace Review includes the following content: “Emergency C-Section Required: Improving the Delivery of Male Parental Leave Entitlements” – Sandra Hu; “The Death of Reasonable Notice?” – Rick Manuel; “Industrial Action in the Wake of Auimatagi v Australian Building and Construction Commissioner [2018] FCAFC 191” – Lucas Moctezuma; “The Case of Foodora: The Adequacy of Australia’s Industrial Safety Net in a Gig Economy” – Cassidy O’Sullivan; “Nearly a Century of Workers Compensation in New South Wales” – Judge Gerard Phillips; “The New Judicial Review – Legal Unreasonableness” – Mark Robinson SC and Dr Simon Blount; as well as the following sections: Interview: “‘We’ll Keep Challenging the System’: United Voice National Secretary, Jo-anne Schofield” – Craig Ryan; Obituary: “Vale George Polites: A Man for All Seasons” – Paul Munro;; The Last Word; and Diary.
Posted in Journals, Update Summaries, Workplace Review (WR) | Tagged "Dad and Partner Pay" (DAPP) entitlements, Auimatagi v Australian Building and Construction Commissioner, Australian Building and Construction Commissioner (ABCC), Cassidy O'Sullivan, Craig Ryan, Diary, doctrine of proportionality, Dr Simon Blount, Editorial, Fair Work Act 2009 (Cth), Fair Work Act 2009 (Cth) s 117, George Polites, gig economy, Heldberg v Rand Transport (1986) Pty Ltd, industrial action, Interview, Jeffrey Phillips SC, Jo-anne Schofield, Judge Gerard Phillips, Klooger v Foodora Australia Pty Ltd, Kuczmarski v Ascot Administration Pty Ltd, Lucas Moctezuma, Mark Robinson SC, national paid parental leave scheme, Obituary, Paid Parental Leave Act 2010 (Cth) (PPLA), Paul Munro, reasonable notice in employment contract, Rick Manuel, Sandra Hu, The Last Word, unprotected industrial action, Workers Compensation Independent Review Office (WIRO), WR |
The Spring 2018 issue of Workplace Review contains the following articles: “Sir Owen Dixon – Federalism and His Contribution to the Development of Commonwealth Power” – Anton Duc; “An Implied Term of Good Faith?” – Glenn Fredericks; “Workers’ Rights in the Gig Economy” – Justin Pen; and “‘The King’s Shilling’ – Mark 2: The History of Wage Setting in Australia and Its Relevance for the Determination of Military Remuneration – Jeffrey Phillips SC.. Also featured is an interview with Stuart Wood QC, and the following sections: Editorial; Focus on South Australia; Obituary; Book Review; as well as Diary, and The Last Word.
Posted in Journals, Update Summaries, Workplace Review (WR) | Tagged acting in good faith, Anton Duc, benefits under the National Employment Standards, book review, Craig Ryan, Diary, Directorate of Military Remuneration's annual conference, Dixon's contribution to the development of Commonwealth power, Editorial, enforcing safety in workplaces, Fair Work Act 2009 (Cth), George Miller, Glenn Fredericks, history of wage setting in Australia, Interview, Jeffrey Phillips SC, Justin Pen, Malcolm Kerr OAM, Neil Napper, Obituary, PJ Punch, Rick Manual, Sir Owen Dixon, Stuart Wood QC, the Engineers Case, The Last Word, Work Health and Safety Act 2012 (SA), workers in the gig economy, WR |
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.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Anthony Duggan, Brent Fisse, business format franchise agreements, Canadian Conference on Personal Property Security Law (CCPPSL), Colette Langos, Competition law and market regulation, Editorial, effects of voiding ipso facto clauses, Fair Work Act 2009 (Cth), first cartel offence prosecution, Jenny Buchan, law of unintended consequences, legal redress, Mark Giancaspro, Personal Property Security Acts, PPSA reform initiatives in Canada, Professor Bob Baxt AO, Pts IIIA and XIC of the Competition and Consumer Act 2010 (Cth), Rob Nicholls, stop bullying order, workplace cyberbullying |
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.
Posted in Journals, Update Summaries, Workplace Review (WR) | Tagged ABCC, approved leave, Assistant Commissioner Carlene York APM, Brendan O'Connor, CFMEU, Commissioner Michael Gordon Roberts, Craig Ryan, Diary, domestic service regulation, Duncan Fletcher, Editorial, Elana O’Reilly, employee representation, employees, Fair Work Act 2009 (Cth), Fair Work Regulations 2009 (Cth), Focus on Western Australia, Focus On: South Australia, Green Acres, interns, Interview, James Parkinson, Jeffrey Phillips SC, Kristie Out, labour hire legal liability, Marea Wilson, Modern Awards, Neil Napper, NSW Police Force, regulated leave, Rick Manuel, Rita Mallia, Senator Michaelia Cash, Steven Moore QC, The Last Word, Work Health and Safety, Workforce Improvement Program, Workplace Relations, WR, Youth Jobs PaTH |
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
Posted in Journals, News & Insight, Workplace Review (WR) | Tagged exploitation, Fair Work Act 2009 (Cth), Fair Work Ombudsman, internships, law graduates, Nandan Subramaniam, unpaid law internships, vocational placements, Youth Jobs PaTH |
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.
Posted in Update Summaries, Workplace Review (WR) | Tagged book review, Common Law and General Protections, Daniel Andreallo, Diary, disciplinary action, Emily Aitken, Fair Work Act 2009 (Cth), Fair Work Commission, Focus on: NT, Jeffrey Phillips SC, Mark Curran, penalty rates, restoration of QC, Steven Andrew, summary dismissal, The Last Word, Tom Kavanagh, Tony Sheldon, Transport Workers Union, union members, Victoria Lambropoulos, workplace bullying, WR |
(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.
Posted in Update Summaries, Workplace Review (WR) | Tagged adverse action, Book reviews, Christopher Golis, contractors, David Shoebridge, Diary, Emma Purdue, emotional intelligence, Fair Work Act 2009 (Cth), Focus On: Qld, gender equity, High Court, Industrial Court of NSW, Interview, Julian Riekert, Kim Owers, leave entitlements, Meryl Remedios, misappropriation of funds, productivity, Rachael Sutton, Robert McClelland, The Last Word, workers compensation, WR |
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