High Court expands FWC’s remit to survey redeployment counterfactuals
The FWC can now scrutinise business models, outsourcing and risk appetite when judging redeployment feasibility.
A wave of reform: Industrial relations 2024 recap
In 2024, we witnessed what some experts have described as the biggest wave of reform since the Fair Work Act was enacted in 2009. So,…
Complaints, criticism and general protections
Recent decisions on the application of the general protections provisions of the Fair Work Act.
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…
Bargaining under the Fair Work Act & lessons in grammar from the HCA
The High Court of Australia’s decisions in ‘Esso’ and ‘Aldi’ have significant effects on enterprise bargaining in Australia. By JACK DE FLAMINGH and CHRIS BELL.
‘Corporate avoidance’ of the Fair Work Act
A Senate Inquiry made 29 recommendations to address ‘corporate avoidance’ of the Fair Work Act 2009. By JACK DE FLAMINGH and CHRIS BELL.
The latest from the Federal Court: November 2017
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
Parliament moves to protect vulnerable workers
Employers are now subject to significantly higher penalties for deliberate and systematic breaches of the FW Act, as well as record-keeping failures. By JACK DE…
Directors take note: employees can recover unpaid entitlements directly from you
Under the Fair Work Act 2009 (Cth), unpaid employee entitlements can be recovered from the employer and, in appropriate cases, from a director or other…
Accountant liable as third party accessory to client’s fair work breaches
According to the the Fair Work Act, a person who is ‘involved in’ a contravention of a civil remedy provision is taken to have contravened…
Civil penalties no deterrence in industrial litigation
Some unions have the financial capacity to use their funds to pay civil penalties levied by the courts on individual union officials for contravention of…