A Deal’s a Deal

Csontos v QT Hotels & Resorts Pty Ltd [2016] FWC 3632 (10 June 2016) Many people believe that unless it’s in writing, the deal hasn’t been done, but a chef found out the hard way recently, that that isn’t necessarily so. The chef had been dismissed after a little more than six months work, and […]

Minimum Wages to Rise by 2.4%

Annual Wage Review Statement [2016] FWCFB 3506 (31 May 2016) The Fair Work Commission has published its decision into its annual review of minimum wages. The Federal Minimum Wage and the rates of pay in all the modern awards will increase by 2.4% from the first full period which commences on or after 1st July […]

Employees Soon Able to Set Timing of Some Leave

Four Yearly Review – annual leave [2016] FWCFB 3177 (23 May 2016) It is now only a matter of time before awards will be changed to include a mechanism for employees with excess leave credits to set the timing of when they go on leave, following a full bench Fair Work decision. The decision affects […]

Private Sector Pay Rises Hit New Low, But Why?

ABS Wage Price Index March Quarter 2016 (18 May 2016) Reserve Bank Statement on Monetary Policy Price and Wage Developments (May 2016) The graph just keeps pointing south on the trends in private industry quarterly changes in wage rises. Eighteen years after this particular Bureau of Statistics index was established, it is now at its […]

Recruitment Process Changes Require Consultation

United Firefighters’ Union of Australia v Metropolitan Fire and Emergency Services Board [2016] FWCFB 2894 (12 May 2016) Many employers would not consider consulting their employees if there was a need to alter recruitment processes. But according to a recent Fair Work Commission full bench, that could be a mistake. An employer who wanted to […]

HR Managers in the Firing Line Again

Kirkbright v K&S Freighters Pty Ltd [2016] FWC 1555 (24 March 2016) Another example of the tribunals and courts finding fault with HR managers has seen an employee found to be unfairly dismissed, despite his obvious misconduct including unauthorised use of a fuel card, failure to document freight consignments and abusive behaviour towards management when […]

Sometimes Settling Early is the Best Course

Cai v Tiy Loy & Co Ltd (No. 3) [2016] FCCA 675 (31 March 2016) If ever the adage ‘a bird in the hand is worth two in the bush’ had any resonance, it would be with a case where an employer rebuffed an offer to settle and the court hit him with over five […]

Exchange rate led to contested exchange

Brown v Pentana Solutions Pty Ltd [2016] FWC 1669 (17 March 2016) Timing, they say, is everything. And so it proved for an employee who claimed unfair dismissal, arguing he was within jurisdiction because his $US100,000 salary was worth less than the statutory high income threshold. In particular, he argued that his income should be […]