Jeffrey Phillips SC

Jeffrey Phillips SC

Jeffrey Phillips SC of Denman Chambers, Sydney, is a member of the Thomson Reuters National Workplace Relations and Workplace Review Editorial Board. Jeffrey is the co-author of the legal textbook Unfair Contracts in New South Wales - An Examination of Section 106 of the Industrial Relations Act. Find out more about Jeffery Phillips SC at his website www.jeffreyphillipssc.com.

Case note: Heidelberg building site appeal, penalties upheld

Construction Forestry Mining and Energy Union [2010] FCAFC 39

In the Federal Court, the CFMEU and one of its officials failed in their attempt to overturn the level of penalties imposed upon them by the trial judge for offences under the Building and Construction Industry Improvement Act 2005. Section 43 of the Act relates to organising or taking action, or threatening to organise or take action, in order to coerce a company to employ a person as an employee or contractor or, allocate them particular responsibilities.

Trend Indicators in Fair Work Legislation by Jeffrey Phillips SC – Pt 4

Over a series of four posts, based on an address presented to the Fair Work Summit in May 2010, Jeffrey Phillips SC offers an analysis of trends coming from fair work legislation to date. He looks at: good faith bargaining requirements; protected industrial action; approval of enterprise agreements; adverse action and unfair dismissal. This post is about adverse action and unfair dismissal.

Trend Indicators in Fair Work Legislation by Jeffrey Phillips SC – Pt 3

Over a series of four posts, based on an address presented to the Fair Work Summit in May 2010, Jeffrey Phillips SC offers an analysis of trends coming from fair work legislation to date. He looks at: good faith bargaining requirements; protected industrial action; approval of enterprise agreements; adverse action and unfair dismissal. This post is about approval of enterprise agreements.

Trend Indicators in Fair Work Legislation by Jeffrey Phillips SC – Pt 2

Over a series of four posts, based on an address presented to the Fair Work Summit in May 2010, Jeffrey Phillips SC offers an analysis of trends coming from fair work legislation to date. He looks at: good faith bargaining requirements; protected industrial action; approval of enterprise agreements; adverse action and unfair dismissal. This post is about protected industrial action.

Trend Indicators in Fair Work Legislation by Jeffrey Phillips SC – Pt 1

Over a series of four posts, based on an address presented to the Fair Work Summit in May 2010, Jeffrey Phillips SC offers an analysis of trends coming from fair work legislation to date. He looks at: good faith bargaining requirements; protected industrial action; approval of enterprise agreements; adverse action and unfair dismissal.

Case note: Be nice and work it out my way

Construction, Forestry, Mining and Energy Union – Mining and Energy Division v Tahmoor Coal Pty Ltd [2010] FWAFB 3510 (5 May 2010).

This decision deals with good faith bargaining requirements under the Fair Work Act 2009 (Cth). It provides explanation of the detailed technical provisions under the Fair Work Act, in this case dealing with bargaining for new industrial instruments.

Case note: Adverse action injunction lifted

Jones v Queensland Tertiary Admissions Centre Ltd (No 2) [2010] FCA 399 (29 April 2010).

Adverse action claims such as this under the Fair Work Act, will very much depend upon the finding of facts made by the trial judge and are a more problematic alternative remedy compared to bringing unfair dismissal proceedings before Fair Work Australia.

Case note: Captain Kirk strikes again

Department of Health (NSW) v Industrial Relations Commission (NSW) [2010] NSWCA 47 (22 March 2010).

The New South Wales Court of Appeal has acted swiftly in the wake of the High Court decision of Kirk v Industrial Court of New South Wales [2010] HCA 1 in making orders against a decision of the Full Bench of the Industrial Relations Commission of New South Wales.

The end of revolutionary justice

Kirk v Industrial Court of New South Wales [2010] HCA 1 (3 February 2010).

In its first decision of 2010, the High Court has handed down a very important judgement concerning the conduct of occupational health and safety prosecutions in New South Wales. The High Court has rebuked both the WorkCover Authority and the Industrial Court of New South Wales not only in the way this case was dealt with, but also in the way others have been handled for many years.

Case Note: Strike action – not so fast comrade

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).

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