FWC’s anti-bullying jurisdiction: is it working?

Traditional legal mechanisms struggle to effectively respond to the complex and often elusive nature of bullying conduct. By JACK DE FLAMINGH.

By - 7 min read

The dynamics of enterprise bargaining

In the landmark case of Aurizon Operations Ltd [2015] FWCFB 540, the Full Bench of the Fair Work Commission rejected the notion that it is inappropriate to…

By and - 7 min read

Claiming the ‘penalty privilege’ in fair work proceedings

Penalty privilege applies to natural persons in Fair Work Act proceedings. By LARISSA ANDELMAN.

By - 6 min read

Turning a blind eye to employment law breaches: directors and HR managers beware

While company directors are a common target in proceedings brought under the Fair Work Act, other individuals in key roles such as managers, compliance officers and…

By and - 5 min read

Supply chain accountability: how far does responsibility extend? Recent enforcement outcomes in the trolley collecting industry

There are significant benefits for a company at the top of a supply chain in taking responsibility to ensure that contracts throughout the supply chain…

By , and - 5 min read

The ‘scab’ controversy adverse action and industrial action

This decision in CFMEU v BHP is notable for its fairly robust dissent in terms of the artificiality of distinguishing between the act of participating in lawful…

By - 5 min read

High Court rejects implied term of mutual trust and confidence in employment contracts

Employment contracts do not contain a term of mutual trust and confidence implied by law. By ROSS FOREMAN.

By - 6 min read

Challenges amid complexity in NSW workers compensation

WIRO plays a key role in implementing the objectives and managing the impact of the 2012 NSW workers compensation reforms, with the provision of new…

By - 6 min read

Workplace bullying: are Stop Bullying Orders really the answer?

Where stop bullying orders operate to outlaw any interaction, it is difficult to see how that working relationship can ever be “normal”. By AMBER SHARP.

By - 4 min read

Labour productivity: crying wolf?

Improving labour productivity requires a long-term and multi-faceted strategy, as well as certainty of purpose. By ROWAN KELLY.

By - 5 min read