There is no doubt that workplace bullying can be a serious matter for employees and employers. It can lead to higher rates of depression and anxiety for employees as well as physical health problems such as cardiovascular disease, migraines and obesity. Bullying in the workplace also has detrimental effects for employers as it can lead…
Category: News & Commentary
Traversing the ‘Outer Limits’: the Fair Work Commission’s Jurisdiction over the employment relationship
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…
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…
Rugby Australia’s inclusion policy vs. Folau’s freedom of speech
Earlier this month, high profile rugby star Israel Folau posted some highly offensive comments on Instagram stating that gay people were headed to “HELL… Unless they repent of their sins and turn to God”. It’s brought up the traditional questions about the right to free speech, vs. the rights of inclusion, as well as our…
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…
The Sydney Rail Strike – why the Fair Work Commission had no choice.
As an industrial lawyer, it was probably a mistake logging onto social media on Thursday, in the aftermath of the Fair Work Commission’s order in relation to the RTBU strike proposed on the Sydney rail network. Social media in the modern political era is rarely a place for nuanced, informed or intelligent discussion. Rather, it…