All publications relating to ‘Employment’
Qualifications a floor, but not a ceiling, for award coverage: FCAFC
In a decision that has affirmed what those working in the industrial relations space already knew – that fitting an employee’s role into an award classification is hard – a full court of the Federal Court in King v Melbourne Vicentre Swimming Club Inc [2021] FCAFC 123 has overturned a decision of Justice Wheelahan that…
Mandatory Workplace Vaccination: Reflections on Recent Developments
With the current troubling Covid-19 cluster in NSW, and a deep concern about the relatively low rates of vaccination of staff in some industries which deal with the sick and the vulnerable, most notably aged care, the issue of mandatory workplace vaccination has gone from being an interesting theoretical consideration to…
The implications of implying a term of reasonable notice
In a decision that demonstrates the need for employment contracts to clearly specify a term for notice of termination, Judge Obradovic in the Federal Circuit Court case, McAlister v Yara Australia Pty Ltd [2021] FCCA 1409, has implied a term of 9 months’ notice into an employee’s employment contract. Background The applicant had worked for her employer…
Government Introduces Bill in Response to Landmark AHRC Respect@Work Report
The Federal Government has introduced the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill) in response to the Respect@Work Report (the Report) presented to the Government by the Sex Discrimination Commissioner, Kate Jenkins, in March last year. As part of its ‘Roadmap for Respect’ initiative…
Deliveroo case delivers more uncertainty for the status of gig economy workers
In a decision that further muddies the waters regarding when a worker will be considered an employee for the purpose of accessing statutory entitlements and, in this case, the unfair dismissal régime, the FWC in the decision of Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818, has made a finding that a Deliveroo delivery…
Mandatory Workplace Vaccination: The Current State of Play
As the Covid-19 vaccination process slowly but surely proceeds, the issue of mandatory workplace Covid-19 vaccination is increasingly coming under consideration. Two recent Fair Work Commission (FWC) unfair dismissal cases, relating to refusals by employees to have flu vaccinations, offer some useful insights into the approach that will likely be…
Workplace Health and Safety Compliance is not about the ‘Nanny State’
It is no surprise that some employees, employers and media commentators hold the view that many workplace health and safety measures are largely a manifestation of the so-called ‘Nanny State’, infantilising workers and undermining the concept of personal responsibility. For them, WHS is yet another battleground in the ongoing ‘culture wars’…
The Fair Work Commission Kicks Off Review of Casual Terms in Modern Awards
The Fair Work Commission has today issued directions programming its approach to reviewing and varying modern awards in light of amendments to the passage of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021. The FWC has until 27 September 2021 to consider whether a “relevant term”…
Federal Government responds to AHRC Respect@Work Report
The Federal Government has responded to the Respect@Work Report (the Report) which was presented to the Government by the Sex Discrimination Commissioner, Kate Jenkins, in March last year as part of the Australian Human Rights Commission’s (AHRC) landmark National Inquiry into Sexual Harassment in Australian Workplaces. Broadly, the AHRC made…
The Employment Reality of TV Fame
Reality television shows thrive on intrigue and drama. A key component of successful reality TV shows is the contestant viewers love to hate; the villain who, for a brief period of time, becomes Public Enemy No. 1. Of course, being cast in that light on a TV show can damage the reputation of…