ENTERPRISE AGREEMENTS: EMPLOYEES DID NOT VALIDLY VOTE FO ENTERPRISE AGREEMENT
The Fair Work Commission refused to approve an enterprise agreement on the grounds that it did not pass the better off overall test and that it had not been genuinely agreed to by the employees to which it applied.
NES ENTITLEMENTS: EMPLOYER TREATS ADDITIONAL ENTITLEMENT TO ANNUAL LEAVE AS SUBSTITUTE FOR PUBLIC HOLIDAYS
The majority of the Full Bench of the Federal Court of Australia held that when annual leave and personal leave entitlements are more generous than the NES, any leave taken on public holidays will be treated as annual or personal leave.
MODERN AWARDS: SINGLE COMMISSIONER REJECTS DOMESTIC VIOLENCE CLAUSE
A single commissioner of the Fair Work Commission issued a decision in advance of the Full Bench which rejected an application for the inclusion in all modern awards of a clause permitting leave to victims of family and domestic violence.
GENERAL PROTECTIONS: CFMEU’S SERIES OF TWICE DAILY TWO HOURS STRIKES UNLAWFUL
The Federal Court of Australia found that a series of contractor meetings organised by the Construction, Forestry, Mining and Energy Union was unlawful and illegitimate.
BULLYING: LATE WARNING AND CONTRARY INVESTIGATIONS UNREASONABLE BUT NOT BULLYING
The Fair Work Commission held that an employer had acted unreasonably by issuing a written warning nearly a year after initiating the first of two contradictory investigations into alleged misconduct but also rejected the employee’s application for anti-bullying orders finding she was not bullied or harassed at work.
MODERN AWARDS: COMMISSION REDUCES SUNDAY, PUBLIC HOLIDAY PENALTY RATES
As part of its four yearly review of modern awards, a Full Bench of the Fair Work Commission considered multiple applications to reduce the penalty rates in six modern awards as they applied to full-time, part-time and casual employees working on the weekend and on public holidays. Except in relation to two of the modern awards, the Full Bench reduced the penalty rates applicable on Sundays and on public holidays.
UNFAIR DISMISSAL: EMPLOYEE WHO BREACHED SAFETY RULES AWARDED COMPENSATION AFTER “RUSHED” DISMISSAL
The Fair Work Commission held that, although an employee was harshly dismissed, he was not entitled to reinstatement because of violations of workplace safety policies. He was instead granted an award of compensation.
APPEAL: GENERAL PROTECTIONS FORM – TIME FOR REVIEW
A Full Bench of the Fair Work Commission held that the Commission should review its general protections application form as it might invalidate claims made late in the 21-day filing period.
GENERAL PROTECTIONS: AFP TOOK ADVERSE ACTION AGAINST APPLICANT WITH DISABILITY
The Federal Court of Australia found that the Australian Federal Police took adverse action against an applicant by failing to employ him because he had ankylosing spondylitis.
The Australian Industrial Law Reports (AILR) summarise industrial cases from all Australian jurisdictions on a weekly basis with links to the full text judgment provided by Austlii. Existing online subscribers are able to link through to the above mentioned decisions in Intelliconnect using the link provided. For a free trial please click here.