Emily Capewell became famous just before Christmas for a Facebook spat on the Sydney Morning Herald’s page directed at her Jetstar customers. A computer glitch had created numerous delays, and numerous complaints – prompting Ms Capewell to describe them as a ‘bunch of whingers’. The Sydney Morning Herald immediately jumped on it as yet another…
David Pocock and the ARU. When do employers cross the line?
David Pocock is the latest example of a football player who has been sanctioned by their employer for what the code or employer consider undesirable behaviour outside of work. But in this case it is not recreational drugs, drinking or sexual indiscretion, violence against women, or (most exotically) the bubbler….. This time Pocock has been…
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…
The Enterprise Bargaining Process – a pathway to compliance
Many of my small to medium business clients balk at the idea of collective agreement making – having heard horror stories about the protracted negotiations that commonly occur between large companies and powerful unions. In most industries, employers with from approximately 10 to 40 employees often find the bargaining process extremely helpful in ensuring compliance,…