ENTERPRISE AGREEMENTS: NUMEROUS UNDERTAKINGS PROVED ADVANTAGEOUS TO EMPLOYEES
The Fair Work Commission rejected a union’s claims that an enterprise agreement failed the better-off-overall-test after the employer offered numerous undertakings that provided greater clarity.
UNDERPAYMENTS CONTRAVENTIONS: EMPLOYER WHO THREATENED AND UNDERPAID SEASONAL WORKERS FINED $227,300
The Federal Circuit Court of Australia imposed $227,300 in penalties on a labour hire company contracting foreign workers to farmers for underpayments of more than $77,000.
ADVERSE ACTION: BLOCKADE WAS NOT ADVERSE ACTION OR COERCION
The Federal Court of Australia held that a blockade that was imposed at a building site by a union and its officials was motivated by safety concerns at the site and not with the motive of forcing the employer to sign an enterprise agreement.
ADVERSE ACTION: BROTHEL ORDERED TO PAY PENALTIES OF $100k
The Federal Circuit Court of Australia (FCCA) held that a brothel owner was required to pay $100k in penalties for underpaying an employee who was dismissed after she refused to move from part-time to casual employment.
UNFAIR DISMISSAL: EMPLOYEE FAIRLY DISMISSED FOR SOLICITING EMPLOYER’S BUSINESS
The Fair Work Commission held that an employee who sought to solicit the business of one of his employer’s clients was not unfairly dismissed for doing so.
Christopher Strauss v Patrick Projects Pty Ltd (2017) 69 AILR ¶102-774;  FWC 1574
PERMIT HOLDERS: PRECEDENT RULING UPHELD
The Full Court of the Federal Court of Australia upheld a precedent ruling that confirmed unions have the right to meet with workers where they would ordinarily take meal breaks.
UNFAIR DISMISSAL: COAL MINER FAIRLY DISMISSED FOR REFUSAL TO ATTEND A MEDICAL APPOINTMENT
The Full Court of the Federal Court of Australia held that a coal miner was not unfairly dismissed when he refused to attend an employer directed medical appointment.
Grant v BHP Coal Pty Ltd (No 2) (2017) 69 AILR ¶102-772;  FCAFC 42
UNFAIR DISMISSAL – UNAUTHORISED TRIP AND FALSE ALLEGATIONS JUSTIFY TERMINATION
The Fair Work Commission held that an employee was fairly dismissed following an unauthorised holiday and the making of false “underworld allegations” against managers.
INDUSTRIAL ACTION: WORKPLACE STOPPAGE OVER SAFETY CONCERN WAS UNPROTECTED INDUSTRIAL ACTION
The Federal Court of Australia held that three unions and their workplace organisers had engaged in adverse action and unlawful industrial action with respect to workplace stoppages concerning a workplace safety issue.
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.