As first published in Thomson Reuters’ BarQ Spring 2010, August 4, 2010. Co-editor of Thomson Reuters’ Industrial Reports, Vice President Graeme Watson was appointed to the AIRC in June 2006 and appointed to his current role in FWA in July 2009. He was previously a partner of Freehills Solicitors where he worked for 23 years, ...more
WFD: Just 14 (2%) of 693 AIRC termination of employment decisions last financial year resulted in reinstatement, according to its annual report. The 2% reinstatement rate compares to a 3% rate in the prior 12 months (18 out of 600 decisions [WF1695]).
Visscher v The Hon President Justice Giudice  HCA 34 (2 September 2009).
A majority of the High Court (Heydon, Crennan, Kiefel and Bell JJ – Gummow J dissenting) has handed down an interesting employment case dealing with the often contested jurisdictional point in unfair dismissal cases as to whether the employment was terminated at the initiative of the employer or the employee.
Clarifying the Australian Industrial Relations Commission’s September 2 decision and what will be an extremely complex transition to modern awards, Adelaide University Professor of Law Andrew Stewart has clarified no existing award employee’s take-home pay can be reduced at any stage, and if Fair Work Australia (FWA) has to make “take-home pay” orders, something has gone very wrong.
More than 100 invited guests gathered at 80 William Street, East Sydney on July 1 for the inaugural sitting of Fair Work Australia. All current members of the Australian Industrial Relations Commission were sworn in that morning as members of Fair Work Australia.
On 18 May 2009, the Minister for Employment and Workplace Relations issued a proclamation notice fixing 26 May 2009 as the commencement date for ss 3–40 of the Fair Work Act 2009 (Cth). Section 2(1) provides that ss 573–718 and Sch 1 of Act commence at the same time. These provisions establish the institutional framework ...more