No Ifs, No Butts

Construction, Forestry, Mining and Energy Union v Glencore Mt Owen Pty Ltd [2015] FWC 7752 (17 November 2015) A union has unsuccessfully tried to prevent an employer from banning smoking in the workplace. In an attempt to turn back the tide on this issue, the CFMEU has failed to overturn the smoking ban. The employer […]

Pious Words but no Action Sinks Employer

Murugesu v Australian Postal Corporation & Anor [2015] FCCA 2852 (12 November 2015) One of Australia’s largest and well known employers has failed to put any meat on the bones of an admirable policy objective, and been found vicariously liable for discrimination on the grounds of race against a former employee. In a classic case […]

Sick, but Legally Sacked for Taking Sick Leav

Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157 (5 November 2015) In a bizarre twist to the fable of crying wolf, an employee who was sacked for legitimately claiming sick leave when the employer thought he was not really sick, has lost his adverse action in a […]

Slipup No Excuse

Cerin v ACI Operations Pty Ltd & Ors [2015] FCCA 2762 (14 October 2015) Despite her behaviour being described as “incidental and inadvertent”, a HR manager has been fined personally by the Federal Circuit Court for her part in a relatively minor breach of the National Employment Standards. The case revolved around whether or not […]

Pay Rises in Agreements Remain Subdued

Trends in Federal Enterprise Bargaining, June Quarter 2015, Department of Employment, released October 2015 The federal Department of Employment has issued its latest Trends in Bargaining data which confirms anecdotal evidence that wage rises in enterprise agreements remain at or near historic lows. Wage rises in the private sector were on average 3.1% in the […]

Keeping Plan a Secret Costly Mistake

National Tertiary Education Industry Union v Swinburne University of Technology (No 2) [2015] FCA 1080 (8 October 2015) When an employer decided to circumvent its existing enterprise agreement and set up a proxy company to cut costs, it was heading towards engaging in adverse action. It has failed miserably in its quest, with a $14,000 […]

Motherhood Statements Best Left Out of Agreements

National Tertiary Education Union v La Trobe University [2015] FCAFC 142 (8 October 2015) When a university agreed to include a warm and fuzzy clause about avoiding redundancies and seeing them as a “last resort”, it probably didn’t think a majority federal court full bench would hold them rigidly to it. The university had exercised […]

Important Changes to Annual Leave Award Conditions Coming

FWC Summary of Annual Leave Decision 15 September 2015 As part of the mandated four yearly review of modern awards, a Full Bench of the Fair Work Commission has announced some key changes to annual leave provisions in the award system. The decision identifies changes to the timing of annual leave (especially excess accruals), cashing […]