Published 8 October 2018 In a recent case, BHP Coal Pty Ltd t/a BHP Billiton v Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCFB (27 July 2018), the Full Bench of the Fair Work Commission found an employee does not have to be paid if forced on leave because they cannot perform their role….
California’s ‘ABC’ test for Independent Contractors – some key lessons for Australia
Australian workplace lawyers are parochial by nature. We don’t look at international examples very often. And given the tens of thousands of pages of domestic industrial instruments that we are forced to wade through each year, we can hardly be blamed for not seeking out more in our spare time. California, in particular, rarely gets…
Order to stop bullying made by Fair Work Commission: Management action not raised in a reasonable way
Published 10 September 2018 In a recent case, Application by Ms A [2018] FWC 4147, the Fair Work Commission made an order to stop bullying after it found the communication by a Body Corporate Committee Chairman towards a director of a company engaged to provide management services to a residential complex was unreasonable. B Pty…
Implied terms in employment contracts: Court of Appeal finds employment contract should not to be interpreted subject to Jewish law
Published 19 August 2018 The Supreme Court of New South Wales – Court of Appeal (Court of Appeal) overturned the earlier Supreme Court decision in In the matter of South Head & District Synagogue (Sydney) (Administrators appointed) [2017] NSWSC 823 (see earlier case note: Supreme Court decides employment contract dispute based on Jewish law). The…
Will the Fair Work Act protect a Cricket Australia employee’s right to tweet her political opinion?
Earlier in August, Fairfax broke the story of a Cricket Australia employee, Angela Williamson, allegedly sacked for criticising via Twitter the Tasmanian government’s policy on access to abortion services. It’s become a PR nightmare for Cricket Australia with the news of Ms Williamson’s dismissal doing far greater damage to Cricket Australia’s reputation than Ms Williamson’s…
Playing with fire: The real implications of Shorten’s proposal to reverse penalty rate decision
In May 2016 Bill Shorten said, speaking to the ABC, that a government proposing to legislate penalty rate outcomes was “playing with fire”.