Comments Off on Enterprise Agreement approval requirements

Enterprise Agreement approval requirements

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Terms hindering part-time employment– s.195 ‘discriminatory term’ – inapplicable to terms that indirectly discriminate – decision set up for Federal Court review   The decision of  Deputy President Gostencnik in Application by Metropolitan Fire and Emergency Services Board [2019] FWC 106 deals with various contentions made (by leave) by the Commonwealth Minister for Jobs and […]

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Comments Off on Who is an authentic ‘casual employee’ and therefore not entitled to NES benefits enjoyed by an ongoing employee

Who is an authentic ‘casual employee’ and therefore not entitled to NES benefits enjoyed by an ongoing employee

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Bryan Mueller, Bartlett Workplace WorkPac Pty Ltd v Skene – An authoritative but also challenging decision of the Full Court of the Federal Court The Full Court of the Federal Court decision, WorkPac Pty Ltd v Skene [2018] FCAFC 131, delivered on 16 August 2018, places an authoritative interpretation on the expression ‘casual employee’ in […]

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Comments Off on An Employer’s Quick Reference Guide to the New Victorian Long Service Leave Legislation

An Employer’s Quick Reference Guide to the New Victorian Long Service Leave Legislation

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HR practitioners and in-house counsel will breathe a sigh of relief at the complete replacement of the convoluted and outdated Long Service Leave Act 1992 (Vic) with the Long Service Leave Act 2018 (Vic).  The new legislation is scheduled to come into effect on 1 November 2018.  In the table below, Lauren Townsend (Special Counsel) […]

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Comments Off on One Key Workforce Decision

One Key Workforce Decision

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Be aware, very aware of THREE implications of that decision for enterprise agreement making Bryan Mueller and Lauren Townsend   The decision of a Full Court of the Federal Court in One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union [2018] FCAFC 77 delivered in late May has three significant practical implications […]

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Comments Off on But I was drunk, your Honour! Full Bench reinstates employee who intimidated and seriously threatened co-workers, after drawing an inference that a combination of depression, medication and alcohol caused the ‘one-off’ behaviour.

But I was drunk, your Honour! Full Bench reinstates employee who intimidated and seriously threatened co-workers, after drawing an inference that a combination of depression, medication and alcohol caused the ‘one-off’ behaviour.

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By Lauren Townsend (Special Counsel) The hard-fought Fair Work Commission (FWC) unfair dismissal dispute between Matthew Gosek and Illawarra Coal Holdings Pty Ltd T/A South32 came to an end last week [1], with the majority of the Full Bench deciding that although Illawarra Coal dismissed Mr Gosek for a valid reason, mitigating factors tipped the […]

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Comments Off on Commission Full Bench decision in Fitzgerald v Woolworths Limited – What it decided and error in its reasoning

Commission Full Bench decision in Fitzgerald v Woolworths Limited – What it decided and error in its reasoning

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 By Bryan Mueller, Director of Workplace Litigation   In Fitzgerald v Woolworths Limited [2017] FWCFB 2797 (Fitzgerald decision) a Full Bench of the Commission examined the meaning and effect of s.596(1) of the Fair Work Act 2009(FW Act). Speaking broadly, that provision deals with the representation of persons who or which are involved in Commission […]

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ALERT: Post termination restraints unenforceable where termination by employer’s repudiation

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The Victorian Court of Appeal has affirmed that post termination restraints in an employment contract were unenforceable because the employment termination occurred by reason of the employer’s repudiation of employment contract and the employee’s acceptance of that repudiation: Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSCA 181 The decision of the trial judge, Justice […]

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ALERT: The right place at the right time: FWC effectively injuncts employer from sacking a worker who made an anti-bullying application

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In a first of its kind decision in the Fair Work Commission’s (FWC) anti-bullying jurisdiction, the FWC has issued an Interim Order preventing an employer from finalising disciplinary proceedings against, and terminating the employment of, a senior executive pending the outcome of her substantive anti-bullying application. Lauren Townsend examines the decision and what this means for […]

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ALERT: Post employment termination restraints – enforceability where termination occurs by reason of Employer’s repudiatory conduct

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A very recent decision of McDonald J in the Victorian Supreme Court (Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSC 163, 4 April 2017) deserves the attention of anyone who deals with issues relating to post termination restraints in employment, whether that be in the formulation of contractual clauses on that subject, or the […]

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