In the media
'You will be sued': Melbourne cafe owner warns
staff who claimed underpayment
A Northcote cafe owner accused of underpaying staff by at
least $5 an hour threatens legal action against those who
complained "if the harassment continues", as the Fair
Work Ombudsman confirms it is now investigating the claims (27
April 2018).
More...
Ombudsman calls for simplification of workplace
relations for small business
The Australian Small Business and Family Enterprise
Ombudsman, Kate Carnell, has released a position paper that
identifies some simple steps to tackle the overly complex workplace
relations system for small businesses (27 April 2018).
More...
Migrant Workers' Taskforce to continue to protect
vulnerable workers
The Australian Government has announced a six-month
extension of the Migrant Workers' Taskforce so that it can
continue its important work to protect migrant workers in Australia
from workplace exploitation (26 April 2018).
More...
Half a million calls from small business reveals strong
demand for online support
The Fair Work Ombudsman has today launched its Small
Business Showcase, a virtual hub providing a wealth of resources
for small business owners seeking information about their workplace
obligations (26 April 2018).
More...
CFMMEU and seven officials penalised $522,000 for
month-long work stoppages across Brisbane sites
The CFMMEU and seven of its officials have been penalised
$522,000 by the Federal Court for month-long strikes and work
stoppages at construction sites across six Brisbane sites in 2016
(24 April 2018).
More...
Queensland electrical contractor faces legal action over
alleged failure to pay compensation
A Queensland electrical contracting company is facing
court for allegedly ignoring a Fair Work Commission order to
compensate an employee who was unfairly dismissed (24 April 2018).
More...
Helping older Australians into work
The Australian Government today announced the
organisations that will help mature-age people looking for work or
preparing for a new career path. Career Transition Assistance
(CTA) program will help older workers become more
competitive in their local labour market through tailored,
intensive workshops to build on their transferable skills (23 April
2018).
More...
Queensland Labour Hire Licensing Regulation Now In
Force
Queensland's new Labour Hire Licensing Regulation
2018 (Qld) (SR 35 of 2018) is now in force, having fully
commenced on 16 April 2018 (19 April 2018). More...
Australian Government urges Queensland Labor to protect
apprentice jobs
The Australian Government is calling on the Queensland
State Labor Government to work with it to protect apprentice jobs.
In November last year the Federal Court upheld a decision by the
Fair Work Commission which found some apprentices in Queensland may
be owed back pay from 1 January 2014 (19 April 2018).
More...
'Sham' Work for the Dole program slammed after
teen's worksite death
The Work for the Dole program is a "sham",
putting young job seekers in unsafe and potentially deadly
situations, say unions, lawyers and the family of a teenager who
was killed on a Queensland worksite two years ago (19 April 2018).
More...
Legal action alleges underpayment of 457 visa
workers
A regional Queensland company is facing Court for
allegedly underpaying two Filipino 457 visa holders a total of
almost $10,000 when it made them redundant (18 April 2018).
More...
Swimland signs up to scrutiny after more than 1,300
staff underpaid $1.4 million
A swim school franchise network that underpaid its staff
across a six-year period is required to implement extensive
measures to ensure compliance with workplace laws, after signing up
to an Enforceable Undertaking (EU) with the Fair
Work Ombudsman (16 April 2018).
More...
Set targets for men working part-time to help promote
women, gender equality body says
The director of the Workplace Gender Equality Agency
urges employers to set targets for men working part-time, saying
the normalisation of flexible work environments will help the
"promotion of women" (15 April 2018).
More...
Hays Recruitment demonstrates commitment to workplace
compliance through positive partnership with the FWO
A compliance partnership between Hays Specialist
Recruitment (Australia) Pty Ltd and the Fair Work Ombudsman has
shown the positive impact of close engagement between employers and
the regulator in promoting harmonious and compliant workplaces (13
April 2018).
More...
Fair Work Commission Releases Updated Anti-bullying
Benchbook
The Fair Work Commission (FWC) has
advised that has published an updated interactive online version of
the Anti-bullying benchbook. According to the Media Release
published by the FWC the benchbook contains plain English summaries
of the key principles of workplace bullying case law and how these
have been applied in FWC decisions (11 April 2018). More...
Hotspots to be audited as spotlight put on the workplace
basics of 1,000 businesses
The Fair Work Ombudsman has begun auditing 1,000
businesses across Australia, as part of a new campaign to ensure
employers have the basics right in their workplaces (11 April
2018).
More...
More than $192,000 in penalties for former 7-Eleven
operators who underpaid vulnerable workers
The Federal Circuit Court has imposed penalties totalling
$192,961 against the operators of two Brisbane CBD 7-Eleven stores
for short-changing workers by more than $31,000 (10 April 2018).
More...
CFMEU and its site delegate to face court for forcing
worker to pay union fees
A CFMEU site delegate, Peter D'Arcy, is facing
allegations in the Federal Circuit Court that he forced a worker to
join the union and pay union fees at a site in Toowoomba. It is
alleged the CFMEU is liable for the delegate's conduct (09
April 2018).
More...
Sydney café operator penalised for short-changing
visa holder using cashback scheme
A Sydney café operator has been penalised more
than $97,000 in the Federal Circuit Court after requiring an
overseas worker to pay back thousands of dollars of her wages as
part of a cashback scheme, following legal action by the Fair Work
Ombudsman (09 April 2018).
More...
Published reports articles, speeches
Workplace Relations-simplification for small
business
Australian Small Business and Family Enterprise
Ombudsman: 27 April 2018
This paper presents practical solutions to reduce complexity
through non-legislative approaches, to make the system more
accessible to smaller businesses. In addition, a small number of
legislative changes are proposed, which should have general support
and would further improve the system.
More...
Monthly Leading Indicator of Employment April 2018
The Department of Jobs and Small Business' Monthly
Leading Indicator of Employment (the Indicator)
has risen in April 2018 for the eighth consecutive month. The April 2018 report is
now available.
In practice and courts
FWC: Online Unfair dismissals benchbook
The Fair Work Commission today launched an interactive
online version of our Unfair dismissals benchbook. This Unfair
dismissals benchbook assists parties lodging or responding to
unfair dismissal applications under the Fair Work Act
2009. It contains plain English summaries of the key
principles of unfair dismissal case law, and examples of how these
have been applied in Commission decisions (24 April 2018). More...
FWC: Anti-bullying benchbook updated – online
version
The Fair Work Commission has published an updated
interactive online version of our
Anti-bullying benchbook. The benchbook contains plain English
summaries of the key principles of workplace bullying case law and
how these have been applied in Commission decisions. The new
version of the Anti-bullying
benchbook, incorporating recent updates, is designed to be read
online and can be accessed on the Commission's website (09
April 2018).
Request for Tender for the Transition Services Panel
2018–2020
Applications are now open for the Request for Tender for
the Transition Services Panel 2018–2020. (24 April 2018). More...
Request for Tender for ParentsNext 2018–2021
Outcomes
The Department of Jobs and Small Business has announced
the outcomes of the Request for Tender for ParentsNext
2018–2021. A list of successful organisations is included as
part of the
Minister's media release (16 April 2018). More...
Jobactive achieves one million job placements
jobactive has reached the one million job placement
milestone! To find out how jobactive can help you get a job or hire
staff visit the jobactive
website (13 April 2018).
Results from 2017 skill shortage research program
The Department of Jobs and Small Business has released
results from its skill shortage research program, incorporating
research undertaken in 2017. A range of documents have been updated
with results from the second half of 2017, including the research
program's skill shortage lists and reports on occupations and
occupational clusters (03 April 2018). More...
Small Business Showcase - Resources to help you find
your way in the workplace
No matter what stage your business is at, we'll help
you understand workplace rights and obligations. There is also a
small business checklist and information to keep businesses up to
date with their workplace relations obligations (26 April 2018). www.fairwork.gov.au/smallbizshowcase
ABCC Code for the Tendering and
Performance of Building Work 2016
The Code
for the Tendering and Performance of Building Work 2016
applies to companies who wish to undertake Commonwealth-funded
building work. Building industry participants covered by agreements
made prior 2 December 2016 have until 29 November 2018 to ensure
their agreements are Code compliant.
QLS: New labour hire licensing regulations
The
Labour Hire Licensing Act 2017 and the accompanying
Regulation commenced on 16 April 2018. Existing providers have
until 15 June to apply for a licence while new businesses must
obtain a licence before commencing operation.
More...
Note: The regulation amends Division 3 Work health and safety and workers compensation obligations - 7 Information about work health and safety and workers compensation obligations—Act, s13.
Cases
Australian Building and Construction Commissioner v
Construction, Forestry, Maritime, Mining and Energy Union (The Nine
Brisbane Sites Case) (No 3) [2018] FCA
564
INDUSTRIAL LAW – alleged contraventions of s417 of
the Fair Work Act 2009 (Cth) – stop work meetings
– where the enterprise agreement contained a union meeting
clause – proper construction of union meeting clause –
meaning of "industrial action" under s19(1) of the
Fair Work Act 2009 (Cth) – whether otherwise
unlawful conduct can be authorised within the meaning of s19(2)(a)
– whether authorised conduct is "industrial action"
for the purposes of Pt 3-3 of the Fair Work Act 2009 (Cth)
– relevance and operation of s194(e) of the Fair Work Act
2009 (Cth).
INDUSTRIAL LAW – where the respondent union instigated a
campaign against the principal contractor across numerous sites
– stop work meetings and strike action – admitted
contraventions of ss346(b), 355 and 417 of the Fair Work Act
2009 (Cth) – appropriate penalties – application
of s556 of the Fair Work Act 2009 (Cth) – general
and specific deterrence – prior contraventions and similar
previous conduct – contrition and cooperation –
application of the totality principle under s557 of the Fair
Work Act 2009 (Cth). Penalties awarded.
Fair Work Ombudsman v JPA Manchester Pty Ltd &
Anor [2018] FCCA 845
INDUSTRIAL LAW – Penalty – contraventions of
the General Retail Industry Award 2010 relating to
remuneration – failure to comply with record keeping
obligations under the Fair Work Act 2009 (Cth) –
appropriate penalty to be imposed – relevant considerations
– applicable penalty of each contravention.
Crimes Act 1914 (Cth), s.4AA; Fair Work Act 2009
(Cth), ss.3, 44, 45, 90, 535, 536, 539, 546, 550, 557, 715.
Zehnder v Sell Lease Property Pty Ltd t/as Sell Lease
Property & Ors (No.2) [2018] FCCA
815
INDUSTRIAL LAW – Alleged contravention of general
protections – alleged breaches of Fair Work Act 2009
(Cth) – National Employment Standards – alleged breach
of Real Estate Industry Award 2010 (WA) – whether
constructive dismissal – accessorial liability –
alleged breach of contract.
Code of Conduct for Agents and Sales Representatives 2011
(WA), r.8(2) & (3); Fair Work Act 2009 (Cth), ss.44,
45, 90(2), 119, 125, 234, 323, 324, 325, 326, 340, 341, 342, 386,
394, 361, 550, 570, 789C.
Ramsay v Menso [2018] FCAFC
55
INDUSTRIAL LAW – alleged breaches of ss.501 and 502
of the Fair Work Act 2009 (Cth) – where the
appellants suspected contraventions of the Workplace Health and
Safety Act 2011 (Qld) and sought to enter the site –
where the respondents refused entry – consideration of the
requirements for a notice of entry under ss.117 and 119 of the
Workplace Health and Safety Act 2011 (Qld) – whether
a notice of entry must be completed prior to entry – whether
failure to include the permit holders' middle names invalidates
a notice of entry and vitiates a right of entry.
Fatouros v Broadreach Services Pty Ltd
[2018] FCCA 769
INDUSTRIAL LAW – Workplace right – complaint
or enquiry in relation to his or her employee – complaint
made regarding proper management of projects which the applicant
was required to oversee – compensation for breach of a civil
remedy provision – civil penalty. Fair Work Act 2009
(Cth), ss.340, 341, 341(1)(c)(ii), 342, 545, 546.
Fair Work Ombudsman v Viplus Pty Ltd & Anor
[2018] FCCA 741
INDUSTRIAL LAW – Compensation and penalties –
appropriate penalty to be imposed – multiple contraventions
of Fair Work Act 2009 (Cth) – whether multiple
contraventions should be grouped and treated as a single
contravention – whether contraventions arose out of a single
course of conduct – application of totality principle.
Petrus Paulus Hendrikus Johannes Janssen v South
Western Sydney Local Health District [2018]
NSWIRComm 1022
Victimisation application - applicant alleged he was
victimised by the respondent because he made complaints about
workplace matters – suspension during investigation
constitutes detrimental action - evidence of decision-maker about
reason for suspension – assessment of risks of remaining in
workplace – s.210(2) presumption rebutted – complaints
not a substantial and operative reason - application dismissed.
The FWC Bulletin
This weekly update lists current FWC decisions:
Volume
16/18 26 April 2018
Legislation
Queensland
Subordinate legislation as made
SL No 35:
Labour Hire Licensing Regulation 2018 -
06/04/2018
Division 3 Work health and safety and workers compensation
obligations - 7 Information about work health and safety and
workers compensation obligations—Act , s.13.
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.
