Complaints, criticism and general protections
Recent decisions on the application of the general protections provisions of the Fair Work Act.
‘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…
Intern or employee? A potentially explosive question
The Fair Work Ombudsman has highlighted the financial risk of utilising unpaid interns in a capacity which gives rise to an employment relationship. By JOHN…
Not just an innocent bystander: accessorial liability of third parties under the Fair Work Act
The reach of the Fair Work Act 2009 (Cth) accessorial liability provisions may be broad. By GLENN FREDERICKS.
Costs in Fair Work proceedings and the value of settlement offers
Costs are only available in proceedings under the Fair Work Act 2009 in limited circumstances. By PAUL MOORHOUSE.
The latest from the Federal Court: April 2016
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.