What’s really on your mind….

Board of Bendigo Regional Institute of Technical and Further Education v Gregory Paul Barclay & [2012] HCA 32 (7 September, 2012) When the CEO of Bendigo TAFE disciplined an employee, who was also a union delegate, for alleged serious misconduct, she was well within her rights to do so, according to the High Court. The […]

It’s what you’re employed to do that counts

Nicholas McMenemy v Thomas Duryea Consulting Pty Ltd [2012] FWAFB 7184 (28 August 2012) Some employees characterise their status according to what they do, but in some disputes, what counts is the job they were employed to do. This principle was discussed by a full bench of Fair Work Australia recently when a manager claimed […]

Line manager out of line

When a unit manager at a Sydney hospital told some nurses they wouldn’t have to work night shift, she had exceeded her authority and ultimately caused a dispute. This was the finding of the President of the NSW Industrial Relations Commission, when the seven nurses complained that they now had to work nights. The award […]

NSW Nurses v Sydney Local Health District

Line manager out of line NSW Nurses’ Association v Sydney Local Health District [2012] NSWIRComm 52 (27 June 2012) When a unit manager at a Sydney hospital told some nurses they wouldn’t have to work night shift, she had exceeded her authority and ultimately caused a dispute. This was the finding of the President of […]

AMIEU v FWA

Right of entry not carte blanche AMIEU v Fair Work Australia [2012] FCAFC 85 (8 June 2012) Some union officials think they can choose where on the employer’s premises they can conduct union meetings. But the Federal Court has made it clear that, provided the employer makes a ‘reasonable request’ about where the meeting will take place, […]

What counts as service?

Many employment benefits are linked to how long someone has worked for their employer. But a new ruling by Fair Work Australia (FWA) demonstrates that an employee doesn’t necessarily have to be “at work” to have completed service. The ruling arose in a case where an employee had claimed unfair dismissal. The employer argued the […]

WorkPac v Bambach

What counts as service? http://www.fwa.gov.au/decisionssigned/html/2012fwafb3206.htm Many employment benefits are linked to how long someone has worked for their employer. But a new ruling by Fair Work Australia (FWA) demonstrates that an employee doesn’t necessarily have to be “at work” to have completed service. The ruling arose in a case where an employee had claimed unfair […]

SDA v Woolies

Christmas Can Come Twice Shop, Distributive and Allied Employees’ Association v Woolworths Ltd [2012] FCA 540 (25 May 2012) The federal court has played Santa Clause to some WA shop assistants because of major confusion over public holiday entitlements. In a ruling over the proper interpretation of a Woolworths enterprise agreement, the court found that […]