There has always been a distinction between an employment relationship at common law, defined by the terms of the contract of employment, and the employment relationship as defined by the relevant Australian industrial instruments. They co-exist, and at times are synonymous, but not always. The ‘gap’ between the contractual employment relationship, and the instrumental employment…
Author: Brian Powles
Brian is an accredited specialist in employment and industrial relations law, who is partner of a successful boutique Sydney law firm. He also hosts the Working Knowledge podcast.
Junior pay rates in modern awards: Are young people being ripped off?
A “fair go all around” has long been an underlying principle in the Australian industrial relations system. However, under many modern awards, employees aged between 15 and 20 years receive only a portion of the full adult wage despite often undertaking the same work as an adult. For those junior workers who do not fall…
Employee holding multiple jobs with single employer not able to combine hours for overtime entitlements
Published 16 April 2018 In a recent case, Lacson v Australian Postal Corporation, the Federal Circuit Court of Australia found the overtime, rest relief and meal allowance entitlements of an employee hired by the same employer for multiple positions were not to be calculated cumulatively, but rather separately for each position. The employee, Mr Lacson,…
Full Bench decides against established authority in ruling a termination refers to the cessation of the employment relationship and not the employment contract
Published 8 April 2018 In a recent case, Khayam v Navitas English Pty Ltd t/a Navitas English, the Fair Work Commission Full Bench found the Commissioner at first instance did not consider all relevant circumstances and the appeal was upheld. Mr Khayam was employed by Navitas in 2005 as a casual employee. In April 2012,…
5 inconvenient truths about ‘casual conversion’
Sally McManus threw down the gauntlet to ‘big business’ last week on behalf of the ACTU at the National Press Club. Ms McManus set out a number of proposals about industrial relations, following through on the ACTU’s various television and social media promises that they would #changetherules. Issues such as a crack down on the gig…
Fighting employee lost the fight to win back job
Published 11 March 2018 In a recent case, Weir v Bechtel Construction (Australia) Pty Ltd, the Fair Work Commission found an employer did not unfairly dismiss an employee by terminating his employment after he was involved in a fight. Bechtel Construction (Australia) Pty Ltd (Bechtel) had villages available for employees to live in during their…