jeffrey phillips sc
Case note: The revenge of Ronald McDonald
A Full Bench of Fair Work Australia handed down its reasons for a decision in an appeal relating to the McDonald’s Australia Enterprise Agreement 2009 in July, overturning Commissioner McKenna’s refusal at first instance to approve the EA covering McDonald’s 80,000 employees. The Full Bench neatly summarises the principles governing appeals under the Fair Work Act 2009 (Cth) and the case is a good primer for anybody needing to understand in a nutshell what appellate principles will be applied by Full Benches.
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.
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Welcome to the Thomson Reuters Australia Workplace Insight website. Whether you are an IR Practitioner or an HR Manager, you'll find news and information to help you stay up to date with Australian workplace relations reform.
The last word: Workplace reform is always a debate worth having
Comment by Jeffrey Phillips SC (excerpt from Workplace Review, a quarterly workplace relations publication).
Since the electoral debacle caused by the Work Choices legislation, no major political party has sought to address workplace reform in any significant way. Bernard Keane, writing for crikey.com in late May, attacked the industrial relations Jeremiahs who are now only found in the business media. He suggested that workplace reform is difficult to justify in a climate where industrial disputation is low, very strong employment growth is evident and the much heralded wages break out has refused to take place.