Fine lines blurred in adverse action applications

There is a fine line between a decision made because of a protected attribute, and one made because of the manifestation of that protected attribute….

Walking the line: when does a shiny new enterprise lose its lustre?

JACK DE FLAMINGH & HANNAH PETERS discuss the first FWC case to consider Fair Work Act amendments aimed at resolving protracted greenfields bargaining disputes.

Aftermath of the casual conundrum: ‘double-dipping’ and class actions

Government has moved to limit the fall-out from the Full Federal Court’s decision on casual workers in WorkPac v Skene.  Meanwhile, class actions momentum is building. …

Another casual conundrum: substance over form prevails (again)

The Full Federal Court has confirmed that the common law definition of ‘casual’ applies for the purpose of the National Employment Standards. By JACK DE…

The limitations of a modern day bag search

Employers may inspect a mobile phone where there is an express contractual right or by reasonable and lawful direction, but the bar for that is…

Corporate accountability and transparency: a modern approach to combat slavery

Ethical supply chains are under the spotlight as the Commonwealth and New South Wales legislatures move to increase transparency about modern slavery. By JACK DE FLAMINGH…

Taking the trial out of the office tryst: just how much should an employer do?

Policies encouraging disclosure of romantic relationships to avoid conflicts of interest are the best means to manage risks of workplace romance. By JACK DE FLAMINGH…

Alphabet soup: CFMMEU emerges as Australia’s first ‘super union’

In March 2018, a single member of the Fair Work Commission approved the amalgamation of the CFMEU, MUA, and TCFUA into a new ‘super union’….

Unfit for work? The Fair Work Commission will decide

The recent decision in CSL Limited T/A CSL Behring v Papaioannou [2018] FWCFB 1005 has resolved conflicting authority in unfair dismissal proceedings. By JACK DE…

‘Outer limit’ contracts within unfair dismissal bounds

An ‘outer limit’ contract (also known as a maximum term contract) is a contract that has a stated end date. A recent ruling deserves close…