In our November 2019 blog, we outlined the Full Court of the Federal Court of Australia’s decision on what amounted to a ‘day’ for paid personal/carer’s leave under section 96(1) of the Fair Work Act 2009 (Cth) (the FW Act). The Federal Court of Australia Decision The case concerned two employees who worked their contracted…
Tag: Fair Work Act
How long is a day?
The law is an occupation that deals primarily with language. Words have both an ordinary meaning, and a legal meaning. Lawyers and parties to litigation will often ask the courts to define the legal meaning of words, when the ordinary meaning is plainly obvious. While this may seem a waste of the court’s time and…
The Misuse and Abuse of the FWC’s Stop Bullying Order Applications
In a decision by the Fair Work Commission (the Commission), Deputy President Sams warned against Applicants’ improper use of stop bullying applications “as a deflection, or diversion, or even to overturn a justified disciplinary action”. The detrimental effects of workplace bullying on employees are well known and include decreased productivity, reduced well being, and increased…
To text or not to text? That is the question.
Technology has fundamentally altered the way in which we interact. Five billion people use text messages globally every day. Socially, it is one of our primary ways of interacting. Staggeringly, if you are dating someone born after 1984, there is a 53% chance that if that person ends your relationship, it will come to an…
Timely Reminders from the Fair Work Commission: The Five categories of employees with access to ‘flexibilty’
In a recent decision from the full bench of the Fair Work Commission, it was held that an employer lacked a reasonable basis for refusing an employee’s request for flexible work arrangements. The Employee, Detective Senior Constable Gary Emery, was 58-years-old, and nearing retirement. His request was to have additional rest days, as he moved…
What to make of the “Change The Rules” campaign
Last Tuesday, October 23, 2018, union rallies were held in Melbourne and Sydney in support of the Australian Council of Trade Union’s (‘ACTU’) “change the rules” campaign. The protests followed a series of national TV and radio advertisements launched in early October. The “change the rules” campaign is seeking to “re-balance the system and negotiate…