In the media
Ruling on Sydney train strike denies human rights: union
body
Monday's planned train strike in Sydney cannot go ahead, as
ruled by the Fair Work Commission, but the peak union body says
this just demonstrates the right to strike in Australia is
"nearly dead" (25 January 2018).
More...
Locked-out coal miners vow to continue 6-month
picket
Mine workers affected by what's believed to be the longest
lockout in Australian industrial relations history say they're
willing to spend another six months on the picket line after
rejecting a third offer from Glencore (25 January 2018).
More...
More allegedly false Caltex franchisee wage records
spark further legal action
The Fair Work Ombudsman has commenced another legal action alleging
its attempt to audit a Caltex outlet in Sydney was obstructed by
the franchisee providing falsified wage records (24 January 2018).
More...
Enterprise bargaining collapse likely causing wage
weakness, think tank warns
A collapse in private sector enterprise bargaining risks
undermining Australia's industrial relations system and is
likely to be a key factor in record low wages growth, the Australia
Institute's Centre for Future Work says (22 January 2018).
More...
Labour hire business to face court for alleged unlawful
unpaid work experience
A Brisbane labour hire business will face court for allegedly
underpaying 10 employees more than $14,000 through an unlawful
unpaid work experience program (22 January 2018).
More...
Truckies get $374,000 back-pay
Ten truck drivers who worked for an Adelaide transport company have
been back-paid a total of $374,000 following successful legal
action by the Fair Work Ombudsman (17 January 2018).
More...
Judge imposes $85,000 penalty as "sharp
lesson" for repeat-offender childcare operator
A Judge has penalised a repeat-offender Melbourne childcare
operator $85,000 for her latest staff underpayments, saying she
required a "sharp lesson" to make her appreciate her
legal obligations (09 January 2018).
More...
Appointment of ABCC Commissioner
The Australian Government has today announced the appointment of Mr
Stephen McBurney as the Commissioner of the Australian Building and
Construction Commission (ABCC) for a five-year
term commencing on 6 February 2018 (05 January 2018).
More...
Published reports articles, speeches
Characteristics and use of casual employees in
Australia
Geoff Gilfillan; Parliamentary Library (Australia): 19 January
2018
There has been discussion about the growth of casual employment in
Australia over the past few decades with suggestions it is an
insecure, precarious and non-preferred form of employment. This
analysis sheds further light on whether preferences of casual
workers are being met.
More...
In practice and courts
ROC: New disclosure document requirements commencing on
29 January 2018
The purpose of this notice is to advise you of the new requirements
for disclosure documents, introduced by the Fair Work Amendment
(Corrupting Benefits) Regulations 2017, which will commence on
29 January 2018, when disclosures must now be made using the new
prescribed form in Schedule 2.1A of the Fair Work Regulations
2009 (see r. 2.06AA(1)(b) & 2(b), Fair Work Regulations).
More...
ABCC: 15 January 2018Funding Recipients – Updated
Model Clauses and dedicated webpage
As a result of these changes, funding recipients are no longer
required to comply with some elements of the 2016 Code on
indirectly Commonwealth funded building work. Specifically, funding
recipients are strongly encouraged, but no longer required to:
obtain ABCC approval for a Workplace Relations Management Plan
prior to entering into a contract with a code covered entity.
More...
ABCC: 15 January 2018 Contractors - Model
Clauses
Contractors must require subcontractors to produce a copy of an
ABCC Letter of Compliance or a completed Self Declaration A or C in
respect of the enterprise agreement or other industrial instruments
that covers the subcontractor in relation to the building work.
More...
Changes announced to Skilled Occupation
Lists
Australia has announced changes to the skilled occupation lists for
the immigration intake program for the year 2018. The changes take
effect on Wednesday, 17 January 2018. The changes are listed
here (17 January 2018).
Cases
Fair
Work Ombudsman v Lohr [2018] FCA 5
INDUSTRIAL LAW – appeal from orders – whether primary
judge erred in treating declarations as a consequence of default by
respondent as not being binding on non-defaulting respondent
– whether primary judge erred in treating multiple classes of
contraventions grouped by s 557 of Fair Work Act 2009
(Cth) as single contravention with single maximum penalty –
held: appeal allowed.
Adams v Windara Communities Ltd [2018] FCCA
40
INDUSTRIAL LAW – Fair work application dismissed. Fair
Work Act 2009, ss.340, 341, 342.
Fair Work Ombudsman v Sureguard Security Pty Ltd [2017] FCA
1566
INDUSTRIAL LAW – admitted contraventions of s 45 of the
Fair Work Act 2009 (Cth) – contravention of
Security Services Industry Award 2010 (Cth) –
failure to pay casual loading, allowances, and minimum, overtime
and penalty rates of pay – assessment of penalties –
"grouping" of contraventions pursuant to s 557(1) –
factors considered - Fair Work Act 2009 (Cth) ss 45, Pt
2-2, 539(2), 545(1), 546(1), 546(3)(a), 557, 557(1).
The FWC Bulletin
This weekly update lists current FWC decisions:
Volume
3/18 25 January 2018
Volume
2/18 18 January 2018
Volume
1/18 11 January 2018
Legislation
Victoria
Proclamations
No. 21: Building Amendment (Enforcement and Other Measures) Act 2017Assent: 23/05/2017 SG (No. 161) 23/5/2017 p.1 Commencement:, 85 on 31/01/2018: SG (No. 443) 19/12/2017 p.1 Not yet in operation: ss 4, 5, 13, 14, 16, 18(2)(3), 25, 28-30, 39-41, 43-48, 52, 54, 59(2), 85: on 31/01/2018: SG (No. 443) 19/12/2017 p 1 ss 3(1)(3), 6-12, 15, 17(2), 20, 21(1), 22-24, 42, 57-59(1), 60-65, 66(2)-71, 77, 78, 84, 101, 102, 109, 111.
Statutory Rules made
No. 136: Building Amendment (Powers of Entry and
Other Matters) Regulations 2017
reg. 3 Not yet in operation: Regs 1-9: on 31/01/2018: reg. 3 Sunset
Date: 19/12/2027.
Access Victorian legislation at www.legislation.vic.gov.au
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.
