Late on Wednesday 5 December 2018, the Fair Work Amendment (Repeal Four Yearly Review and Other Measures) Bill 2017 (Bill) was passed by both houses of Parliament The Bill received royal assent on 11 December 2018 creating a Commencement Date of 12 December 2018.
The Bill focusses on three key areas: Continue reading
The ceaseless trend towards casualisation and new rules of engagement in the gig economy is a modern fact of life. From bicycle couriers to ride sharers and food deliverers, relationships around work continue to fascinate. In the political realm, parliaments around the world are only slowly starting to grapple with how work is being redefined.
In December last year Deputy President Gostencnik of the Fair Work Commission delivered the first decision in Australia assessing whether an Uber driver is an employee. DP Gostencnik found that for unfair dismissal purposes, an Uber driver was not an employee.
Issue #1 2017
In this edition we will discuss the Senate Committee Inquiry into corporate avoidance of the Fair Work Act 2009 (Cth), the progress of the Fair Work Amendment (Corrupting Benefits) Bill 2017 (Cth) as well as trends in enterprise agreements in the banking and finance industry.
Please find a copy here: Banking and Finance Bargaining Update – June 2017
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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  FWC 1886, the Commission made an interim order staying an employer’s internal investigation of a complaint (that is, preventing the employer from finalising a draft investigation report), preventing any disciplinary action in connection with the investigation and preventing termination of the complainant’s employment – until such time as the matter is determined.
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 commences, of their right to be represented. And in recent times, this legislative form has received a lot more attention than you might expect.
The Full Bench of the Fair Work Commission's decision in CFMEU v AGL Loy Yang Pty Ltd t/a AGL Loy Yang  FWCFB 1019 has preserved the decision of Deputy President Clancy to terminate AGL’s Loy Yang Power Enterprise Agreement 2012 (the EA). A summary of the decision is below.
The key takeaway from the decision is that, in determining whether it is appropriate to terminate an enterprise agreement, the Commission will consider an enterprise agreement clause in which an employer commits to maintain certain conditions until a replacement enterprise agreement is made, if the employer appears to intend on departing from its commitment.
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 universities, given the widespread use of casual academic employment contracts (including sessional employees) in the tertiary education sector.
This is an important compliance issue: not getting it right means not getting your Enterprise Agreement approved.