In the media
Former public servants lose hope of multi-million-dollar
redundancy fight
A multi-million-dollar class action by former senior
public servants hoping to claw back extra pay after being made
redundant from Airservices Australia is scuttled by a federal court
judgement (30 July 2019).
More...
QLD puts FIFO ban on eight more large projects
The Queensland Government has added another eight large
resources projects to its ban on fly-in, fly-out recruitment in
support of jobs for local communities (26 July 2019).
More...
Wage theft or honest mistake? Small business hits
back
Small business owners fear the Morrison government's
plan to criminalise wage theft may unfairly target those who make
"honest mistakes" and are demanding changes to the award
system to make it easier for them to pay workers correctly (25 July
2019).
More...
George Calombaris' fine for multi-million-dollar
wages scandal too low, Attorney-General says
Attorney-General Christian Porter says former MasterChef
judge George Calombaris' fine for underpaying staff $7.8
million in wages was too "light" (24 July 2019).
More...
Fall-out from Setka affair could give Coalition easier
passage of union bill
One of the Coalition government's first priorities in
the new parliament is the passage of its Ensuring Integrity
Bill, aimed at tightening regulations on unions and union
officials. The bill would give the minister for industrial
relations, as well as the Registered Organisations Commission and
any party deemed to have "sufficient interest", the power
to apply to the Federal Court to deregister a union (24 July 2019).
More...
Day spa operator back-pays visa holders
The operator of six day spa centres in Sydney has
back-paid $65,939.87 to 13 employees, and admits he made unlawful
deductions from their salary and underpaid penalty rates and annual
leave entitlements (23 July 2019).
More...
ABCC takes action after mass walk-off on Fortitude
Valley site
The Australian Building and Construction Commission has
commenced proceedings in the Federal Court alleging 66 employees of
various subcontractors and a labour hire company on a Fortitude
Valley site engaged in unlawful industrial action (22 July 2019).
More...
Workplace health and safety risks spotlighted in
report
SAI Global, which says that, despite businesses in
Australia having a legal requirement to comply with their
state's Workplace Health and Safety laws, more than 100,000
serious workplace injuries still occur every year (17 July 2019).
More...
'Uncertainty' over super as BlueScope workers
miss out on 'millions' in backpay
A full Federal Court decision to deny BlueScope
workers' superannuation backpay claims could have major
implications for other companies whose employees are on industrial
awards, experts warn (12 July 2019).
More...
Michael Hill Jewellers admits it underpaid staff by up
to $25 million
Jewellery chain Michael Hill says it will be repaying its
retail staff up to $25 million in wages after finding errors in its
application of the retail award (11 July 2019).
More...
Cheap migrant worker cut-off slips as regional push
brings further discounts for employers
To encourage more migrants to work in regions, the
Government is relaxing long-held restrictions on temporary workers
(10 July 2019).
More...
CFMMEU and Luke Collier penalised $13,500 for safety
breach on Barangaroo site
The Federal Circuit Court in Sydney has imposed penalties
totaling $13,500 against the CFMMEU and its then organiser Luke
Collier after he refused to follow OHS procedures while on the $163
million Barangaroo Headland Park site on 5 March 2014 (04 July
2019).
More...
Queensland contractor to pay $200,000 after
discriminating against subbie following CFMMEU threat
The Federal Circuit Court in Brisbane has found Forest
Meiers Construction liable to pay $200,000 in compensation for
taking adverse action and discriminating against a tiling
subcontractor because they did not have an enterprise agreement
with the CFMMEU (02 July 2019).
More...
Published - reports, articles, speeches
Wage growth in Australia: lessons from longitudinal
microdata
Dan Andrews, Nathan Deutscher, Jonathan Hambur, David
Hansell
This paper uses novel microdata sources spanning 2001-02 to 2015-16
to explore the structural drivers of wage growth in Australia, with
a view to better understanding recent weak wage growth – a
phenomenon observed across a range of advanced economies (16 July
2019). More...
Multigenerational workforces: a guide to the rights of
older workers under theAge Discrimination Act
2004 (Cth)
This guide is issued under section 53(1)(f) of the Age
Discrimination Act 2004 (Cth) (the Act). It is designed to
provide employers and other work providers with information about
the operation of the Act and provide practical guidance about
promoting the inclusion of older workers (10 July 2019). More...
ABCC Industry Update - July 2019 edition
Welcome to the July 2019 edition of Industry Update, our
quarterly online newsletter. Industry Update provides updates on
the latest activities of the ABCC, industry trends, and emerging
issues (04 July 2019).
More...
Department of Jobs and Small Business: Monthly Leading
Indicator of Employment 17 July 2019
Cyclical employment fell in July 2019, after eleven
consecutive monthly rises.
More...
In practice and courts
FWO: Changes to the Retail Award
The Fair Work Commission has handed down a decision about
the Retail Award which clarifies overtime entitlements for
part-time employees. The decision confirms that part-time employees
are entitled to overtime if they work outside the roster conditions
in the award (July 2019).
More...
Reminder: Anti -Slavery Act
The first reporting year for companies with the Australian
financial year is 1 July 2019 - 30 June 2020 so businesses should
be aware of these obligations this year. More...
Reminder: New regulation commencing on 01 July
2019
FWO: Get set for a 3.0% wage increase - 2019 Annual Wage
Review
The increase applies from the first full pay period
starting on or after 1 July 2019. The new national minimum wage
will be $740.80 per week or $19.49 per hour.
More...
FWC: Changes to applications for a Right of entry
permit
The Fair Work Amendment (Modernising Right of Entry)
Regulations 2019 took effect on 1 July 2019. They required new
entry permits to include a photo and signature of the permit
holder. Applications under the new system have begun from 1 July
2019.
More...
FWC: Filing fee – Dismissals, general protections
& anti-bullying applications
From 1 July 2019 the application fee for dismissals,
general protections and anti-bullying applications made under
sections 365, 372, 394, 773 and 789FC of the Fair Work Act
2009 will increase to $73.20. Also effective as of 1 July, the
high income threshold in unfair dismissal cases will increase to
$148,700 and the compensation limit will be $74,350 for dismissals
occurring on or after 1 July 2019.
More...
Cases
Duck v Airservices Australia (No 2)
[2019] FCA 1148
INDUSTRIAL LAW – where class action sought to
recover difference between entitlements under individual contracts
and entitlements under enterprise agreements – whether
clauses of agreements operated to the effect that employees on
individual contracts were not covered by the agreements –
held: answer to the separate question is 'yes' –
application dismissed as the case may be, operate to the effect
that the applicant and each group member was/is not covered by that
agreement.
Taylor v Peninsula Sports Academy Pty Ltd
[2019] FCCA 1929
INDUSTRIAL LAW – Fitness Industry Award 2010
(Cth) – underpayment – unpaid allowances – break
between shifts less than 10 hours – broken shift allowance
– classification of the Applicant under the Award.
The respondent pay the applicant the sum of $16,560.40 (being the
underpayment of $16,070.04 and $490.36 in interest).
Australian Building and Construction Commissioner v
Myles & Ors (No.2) [2019] FCCA 1932
INDUSTRIAL LAW – Imposition of pecuniary
penalties – taking unprotected industrial action. Fair
Work Act 2009 (Cth), ss.19(1)(c), 417, 546(3), 557(1),
557(1)(b), 557(2)
Construction, Forestry, Maritime, Mining and Energy
Union v Milin Builders Pty Ltd [2019] FCA
1070
INDUSTRIAL LAW – admitted contravention of s 501
of the Fair Work Act 2009 (Cth) (the "FW Act")
– civil penalties – right of entry pursuant to pt 3-4
of the FW Act – whether entry was refused –
meaning of the phrase 'refuse entry' –
proportionality of penalty to contravening conduct –
declaration of contravention of the FW Act –
declaration sought by consent – principles relating to the
making of a declaration – penalty imposed – no
declaration made. A pecuniary penalty of $15,000.00 be imposed upon
the first respondent.
Australian Building and Construction Commissioner v
Ingham (The 180 Brisbane Construction Case)
[2019] FCA 1052
INDUSTRIAL LAW – alleged contraventions of
Fair Work Act 2009 (Cth) ss 417(1) and 500 – whether
contractors and subcontractors authorised or agreed to conduct of
Union representatives – entry permits and entry notices
– whether "open door" policy or requirement for
Union representatives to give notice before entering site –
where Union representative claimed to have entered site to raise
money for injured Union worker and workers took opportunity to
raise workplace issues – genuine and reasonable concerns
about imminent risks to health and safety
INDUSTRIAL LAW – whether Union representatives organised work
stoppages – whether stoppages authorised by enterprise
agreements – interpretation of "industrial action"
– onus of proving the "organising" of industrial
action within meaning of Fair Work Act 2009 (Cth) s 19(2)
– whether Union representatives exercised or sought to
exercise rights under Fair Work Act 2009 (Cth) Pt 3-4
– whether Union representatives "involved in"
contraventions of civil remedy provisions – accessorial
liability – aiding and abetting contraventions
INDUSTRIAL LAW – whether respondent Union liable for
contraventions of Union representatives pursuant to Fair Work
Act 2009 (Cth) ss 550 and 793 – whether Union
representatives intentionally hindered or obstructed or acted
improperly – whether Union representatives acted with actual
or apparent authority – where individual respondents
"clothed with apparent authority"
Fair Work Ombudsman v A & S Wholesale Fruit &
Vegetables Pty Ltd & Ors [2019] FCCA
1838
INDUSTRIAL LAW – Application for civil
penalty– admitted contraventions of the Fair Work Act
2009 (Cth) by first respondent – admitted accessorial
liability by second and third respondents – where parties
have agreed on penalties – whether agreed penalty is
appropriate.
Fair Work Ombudsman v Safecorp Security Group Pty Ltd
& Anor (No.3) [2019] FCCA 1756
INDUSTRIAL LAW – Hearing of proceeding remitted
by Federal Court after appeal – whether first respondent
contravened terms of award and therefore s.45 of the Fair Work
Act 2009 (Cth) (FW Act) –
whether second respondent involved in those contraventions –
pecuniary penalties assessed and ordered.
Australian Building & Construction Commissioner v
Molina (No 2) [2019] FCA 1014
INDUSTRIAL LAW – civil penalty proceedings
– adverse action under s 346(b) Fair Work Act 2009
(Cth) – adverse action by first respondent against employer
on site – threat to picket – whether prejudice
established
INDUSTRIAL LAW – civil penalty proceedings – coercion
under s 348 Fair Work Act 2009 (Cth) – whether
intent to negate employer's choice that workers stay on
operating site – content and meaning of threat
Building and Construction Industry (Improving Productivity) Act
2016 (Cth) s 5
The Environmental Group Ltd v Bowd
[2019] FCA 951
INDUSTRIAL LAW – termination of employment
– where employee reported in a CEO report financial
irregularities to the board – where employee made a complaint
to the Australian Securities and Investments Commission alleging
serious fraud within the company before completion of an audit
– where employee took personal leave – where
employee's lawyers prepared a letter to the company recording
grievances – whether employee exercised a workplace right
– whether a "complaint" for the purposes of s
341(1)(c)(ii) of the Fair Work Act 2009 (Cth) must be made
in good faith – whether a complaint "in relation
to" an employee's employment must be directed at or
concerned with that person's employment in a substantive way
– whether Pt 9.4AAA of the Corporations Act 2001
(Cth) is a "workplace law" – whether adverse action
was taken – whether an investigation into an employee's
conduct constituted adverse action – where employee's
dismissal was purportedly a product of the breakdown of the
relationship between the board and employee – whether adverse
action was taken "because" of the exercise of a workplace
right
CORPORATIONS – protection for whistleblowers – whether
employee had reasonable grounds to suspect contraventions of the
Corporations Act 2001 (Cth) – whether disclosure was
made in good faith – whether complaint was made for a
secondary purpose
CONTRACTS – breach of contract – whether employee
breached contract by retaining company property after
termination
COPYRIGHT – acts not constituting copyright infringement
– whether copying was done for the purposes of a judicial
proceeding – whether the possibility of a future proceeding
is sufficient for the purposes of s 43 of the Copyright Act
1968 (Cth)
Construction, Forestry, Maritime, Mining and Energy
Union v Anglo American Australia Limited
[2019] FCAFC 109
INDUSTRIAL LAW – application for review of
decision of Full Bench of Fair Work Commission – review made
as part of 4 yearly review under s 156 of the Fair Work Act
2009 (Cth) – where review concerned reducing period of
accident pay in Black Coal Mining Industry Award 2010 –
whether review under s 156 requires single, holistic review
ADMINISTRATIVE LAW – whether inadequacy of reasons amounted
to jurisdictional error – reasons of the Full Bench of Fair
Work Commission adequate – whether Full Bench was functus
officio in making its decision – whether Full Bench gave
proper, genuine and realistic consideration to issues –
whether jurisdictional error for making of finding with no evidence
– application dismissed Workplace Relations Act 1996
(Cth); Black Coal Mining Industry Award 2010 cl 18
Legislation
Commonwealth
Bills
Fair Work Laws Amendment (Proper Use of Worker Benefits)
Bill 2019
HR 04/07/2019 – will amend the Fair Work
(Registered Organisations) Act 2009 (the RO
Act) and the Fair Work Act 2009 (the
FW Act) to protect workers through greater governance and
transparency of registered organisations and associated entities,
in particular worker entitlement funds and gives effect to
recommendations made by the Royal Commission into Trade Union
Governance and Corruption (the Royal Commission).
Fair Work (Registered Organisations) Amendment (Ensuring
Integrity) Bill 2019
HR Second reading debate 31/07/2019 – amends the
Fair Work (Registered Organisations) Act 2009 (the Act) to
respond to community concern and the recommendations of the Final
Report of the Royal Commission into Trade Union Governance and
Corruption (the Royal Commission) to ensure the integrity of
registered organisations and their officials, for the benefit of
their members
Act Compilation
Paid Parental Leave Act 2010
Regulation
Act No. 104 of 2010 (9 July 2019).
Fair
Work Commission Amendment (Entry Permits and Other Measures) Rules
2019
This instrument amends the Fair Work Commission Rules 2013
to provide for practice and procedure that is to be followed by the
Fair Work Commission and the conduct of business in relation to
matters allowed or required to be dealt with by the Fair Work
Commission (22 July 2019).
Maternity
Leave (Commonwealth Employees) Amendment (ASIC) Regulations
2019
These regulations amend the Maternity Leave
(Commonwealth Employees) Regulations 2017 to ensure Australian
Securities and Investments Commission (ASIC)
employees remain covered by the maternity leave arrangements
provided for under the Maternity Leave (Commonwealth Employees)
Act 1973 once ASIC ceases to employ staff under the Public
Service Act 1999 on 1 July 2019 (1 July 2019).
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
