MacPherson v Coal & Allied Mining Services Pty Ltd (No 2)  FMCA 881 (9 September 2009). This decision by Federal Magistrate Raphael deals with a couple of sections of the Workplace Relations Act 1996 (Cth) not been previously judicially considered. The decision will also have ramifications under the Fair Work Act 2009 (Cth). The case involves whether an employer could require an employee to work additional hours based upon a new roster and whether by refusing to do this work, the employee has been stood down contrary to the Act.
Australian Municipal, Administrative, Clerical and Services Union v City of Swan  FWA 1 is the first case decided in Fair Work Australia since the commencement of the Fair Work Act 2009 on 1 July 2009.
The case involved an application for a transitional order under s 14A of the Fair Work (Transitional and Consequential) Amendments Act 2009 for authorisation of industrial actions taken under s 459 of the Fair Work Act.
The Workplace Ombudsman (WO) has launched its first prosecution for alleged sham contracting under provisions of the current WR Act. The WO will allege in the Fed Magistrates Court that Sydney-based Centennial Finance Services “converted” eight employees to contractors but continued to have them perform the same duties under the company’s direction. The court will ...more
A Geelong steel fabrication business has been found guilty of breaching the WR Act after it sacked three workers within three months of them joining the company because they were agitating for a union-negotiated EBA. Fed Court Justice Tony North found Thornton Engineering dismissed union members Andrew Coon and Jason Kemmis and non-union member Shayne ...more
The Australian Building & Construction Commission (ABCC) is conducting an audit of building and construction companies in NSW and Qld during September looking for sham contracts. Initially, attention will be on those operating in areas of demolition & excavation, formwork, plumbing, electrical, tiling and painting, according to an ABCC update released last Friday (August 29). ...more