Case Note: Strike action – not so fast comrade

By Jeffrey Phillips SC on February 1, 2010

The Full Bench of Fair Work Australia last December handed down two decisions which show that the Tribunal, despite its ability to approve protected industrial actions in certain circumstances, will only do so when the Applicants for such protection comply with the complex technical regime set out in the Fair Work Act 2009 (Cth).

Case note: “I am the Good Shepherd, I Know My Sheep and They Know Me”: John 10:11, 14-15

By Jeffrey Phillips SC on December 15, 2009

Andonovski v Park Tec Engineering Pty Ltd [2009] NSWCA 305.

Many cases come before the courts where the Plaintiff does not know whether he or she is an employee, and, if he or she is an employee, the identity of the employer. Andonovski v Park Tec Engineering Pty Ltd is such a case which has been decided by the NSW Court of Appeal on 27 October 2009.

Employers must give new employees Fair Work Information Statement

By Workplace Editor on December 4, 2009

The Fair Work Ombudsman has released a Fair Work Information Statement which, from 1 January 2010, all employers are required to give to all new employees. It must be given to new employees as soon as possible after their employment commences.

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New South Wales industrial relations referral Bill passes

By Workplace Editor on December 2, 2009

The Industrial Relations (Commonwealth Powers) Bill 2009 (NSW) was passed by the New South Wales parliament on Tuesday 1 December 2009.

The Bill refers certain matters relating to New South Wales’ industrial relations system to the Commonwealth for the purposes of section 51(xxxvii) of the Commonwealth Constitution.

Commonwealth Fair Work Amendment (State Referrals and Other Measures) Bill passes

By Workplace Editor on December 2, 2009

The Senate has passed the Fair Work Amendment (State Referrals and Other Measures) Bill 2009 (Cth). This Bill enables States to refer their workplace relations powers to the Commonwealth for the purposes of s 51(xxxvii) of the Constitution. It also deals with the transitional arrangements for employers and employees moving into the Commonwealth system. The Bill will commence on proclamation, which is expected to be 1 January 2010.

Case note: Fair work “adverse action” claim wins interlocutory injunction

By Jeffrey Phillips SC on December 1, 2009

Jones v Queensland Tertiary Admissions Centre Ltd [2009] FCA 1382 (25 November 2009). Justice Collier of the Federal Court has issued an interlocutory injunction in favour of an Applicant to stop her potential dismissal.

This case is further evidence of the various uses which some of the provisions of the Fair Work Act will be able to reveal as useful adjuncts to employment disputes even for people who are not otherwise covered by industrial instruments.

South Australian industrial relations referral bill commences

By Workplace Editor on November 27, 2009

The Fair Work (Commonwealth Powers) Act 2009 (SA) has now commenced.

A proclamation notice was released on 26 November 2009 proclaiming the Act to commence on 27 November 2009.

New South Wales announces it will refer IR powers

By Workplace Editor on November 19, 2009

The New South Wales government has announced that it will introduce a Bill into Parliament next week allowing for the referral of certain of its industrial relations powers to the Commonwealth for the purposes of section 51(xxxvii) of the Commonwealth Constitution.

South Australian industrial relations referral Bill passes

By Workplace Editor on November 19, 2009

The Fair Work (Commonwealth Powers) Bill 2009 (SA) was passed by the South Australian Parliament on Tuesday the 17th of November 2009. Together with the Statutes Amendment (National Industrial Relations System) Bill 2009, which was passed shortly afterwards, these Bills make up a package intended to enable South Australia’s participation in the national industrial relations system.

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