Fair Work Commission clarifies dismissal standards for labour hire companies

14 July 2017

The Full Bench of the Fair Work Commission has recently decided the case of Tasmanian Ports Corporation Pty Ltd t/a Tasports v Gee [2017] FWCFB 1714, having dismissed the appeal based on the principles established in Pettifer v MODEC Management Services Pty Ltd [2016] FWCFB 5243 and Kool v Adecco Industrial Pty Ltd t/a Adecco [2016] FWC 925.

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Record fine for NSW organisation

12 July 2017

An organisation in New South Wales has recently been convicted and fined a record $1 million for offences under the Work Health and Safety Act 2011 (NSW) after its Director intentionally let a subcontractor work near live high-voltage powerlines to avoid delaying a construction project.

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Stabbed Worker Not Entitled to Compensation

30 June 2017

The New South Wales Workers Compensation Commission has rejected a claim by the director of Mohammed Javed Pty Ltd, that he was stabbed by his son during the course of his employment, and would therefore be entitled to worker’s compensation payments, medical expenses and lump sum compensation.

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Labour-hire Shake-up Continues in Victoria

28 June 2017

The Victorian Government has agreed to adopt the national model Work Health and Safety Act (2011) (Vic) definition of worker and consultation obligations, as recommended by a 2016 inquiry into the labour-hire sector.

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Sage counsel for the Council

16 June 2017

Boroondara City Council has been ordered to pay a terminated former employee almost $8 000 following their decision to ignore a doctor’s plan to conduct a case conference without appropriate justification.

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Workplace policies, contractual?

9 June 2017

In Romero v Farstad Shipping (Indian Pacific) Pty Ltd (hereafter Romero), the Full Federal Court of Australia was asked to determine whether a workplace policy forms part of the employment relationship, that is, aspirational or contractual in nature? As the case demonstrates, this will depend on the particular factual circumstances of the employment relationship.

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The Power of Language: Taking the Penalty out of the Rates

2 June 2017

The Australian Hotels Association, Accommodation Association of Australia and Pharmacy Guild have withdrawn their proposals to change the term ‘penalty rates’ to ‘additional remuneration’, ahead of a further hearing on the weekend and public holidays penalty rates case.

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