The penalty rate argument has been steadily brewing since the Coalition took office 18 months ago, spurred on by the recent decision of Restaurant and Catering Association of Victoria [2014] FWCFB 1996 which I discussed in this post. It’s not surprising that the penalty rates argument would come up over the Easter Weekend where NSW…
Tag: Fair Work Commission
The importance of express terms in Contracts of Employment and Enterprise Agreements
A presentation on 16th October 2014 on both Contracts of Employment and Enterprise agreements. Employment contracts In Commonwealth Bank of Australia v Barker [2014] HCA 32, the High Court held that the implied term of trust and confidence does not exist. This decision overruled the two federal court decisions below it, as well as the…
Penalty Rates and the FWC
A presentation at The College of Law on 16th October 2014, discussing the decision in Restaurant and Catering Association of Victoria [2014] FWCFB 1996 In a recent decision of the full bench of the commission penalty rates on a Sunday in the restaurant industry were reduced by 25% for a certain class of employees. On…