Tag Archives: Fair Work Commission

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal … Continue reading

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Filed under Employment tribunal process, Jurisdiction: Australia

Australia: The new NERR – another bargaining stumbling block?

From 3 April 2017, there is a new look to the most controversial form in enterprise bargaining – the notice of employee representational rights (NERR). The NERR is the form an employer must use to notify employees, when enterprise bargaining … Continue reading

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Filed under Jurisdiction: Australia, Trade unions and works councils

Australia: Judicial vs. Arbitral Power – The Limits of the Fair Work Commission’s Jurisdiction

In brief A Full Bench of the Fair Work Commission (FWC) has delivered a significant decision which confirms that the FWC does not have jurisdiction to declare rights that already exist under the Fair Work Act.1 This decision is the … Continue reading

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Filed under Jurisdiction: Australia

Australia: One size plaster cast does not fit all – Navigating the pitfalls of dismissing an injured or incapacitated worker

In brief Many employers will, at some point, be faced with the difficult task of terminating the employment of an employee who has been absent from work for some time and is no longer able to perform their job due … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Australia, Termination of employment, Workplace Health and Safety

Australia: The right to vote – casual academics and enterprise bargaining

In brief Two recent decisions have provided some important guidance on the obligation for employers to include, or not include, casual employees in enterprise bargaining processes under the Fair Work Act 2009 (Act).1 These cases are of particular relevance to … Continue reading

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Filed under Jurisdiction: Australia, Trade unions and works councils

Australia: When must an employer’s premises be available for union meetings?

In brief The Fair Work Commission (FWC) has held that union officials have no right to enter employers premises to hold discussions with employees before their shift commences nor after their shift is completed.1 This changes the pre-existing understanding of … Continue reading

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Filed under Jurisdiction: Australia, Trade unions and works councils

Australia: Full Bench in Aurizon turns tide on enterprise agreement terminations

In brief A recent decision of the Full Bench of the Fair Work Commission has overturned previous authority and rejected the notion that it will generally be inappropriate to terminate an expired enterprise agreement during bargaining. Rather, the Full Bench … Continue reading

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Filed under Jurisdiction: Australia