INDUSTRIAL ACTION: NO ANNUAL OR LONG SERVICE LEAVE ACCRUED DURING LOCKOUT
The Fair Work Commission has held that employees who were locked out from the workplace for 74 days pursuant to an “employer response action” under s 411 of the Fair Work Act 2009 (Cth) did not accrue annual leave during the lockout period, and the lockout period did not count toward the employees’ period of service or employment for the purpose of calculating their entitlement to long service leave.
CFMEU and CEPU v Carter Holt Harvey Woodproducts Australia Pty Ltd t/a Carter Holt Harvey (2018) 70 AILR ¶102-908;  FWC 6
ENTERPRISE AGREEMENTS: REQUIREMENT TO OFFER CASUAL LABOUR HIRE EMPLOYEES FULL-TIME PERMANENT EMPLOYMENT WAS NOT A PERMITTED MATTER
A Full Bench of the Fair Work Commission has refused permission to appeal against a decision which found that a clause in an enterprise agreement requiring the employer to offer full-time permanent employment to casual labour hire workers engaged for a continuous full-time period of three months was not about permitted matters because it restricted or qualified the employer’s right to use independent contractors in a way that was not sufficiently related to job security.
AMWU v Visy Board Pty Ltd t/a Visy Board (2018) 70 AILR ¶102-909;  FWCFB 8
MODERN AWARDS: ABANDONMENT OF EMPLOYMENT CLAUSES HELD TO BE OF NO EFFECT
In the course of its four yearly review of modern awards, a Full Bench of the Commission held that a clause dealing with the effects of abandoning employment contained in six modern awards was not permitted or required to be included in a modern award and was therefore of no effect.
4 yearly review of modern awards – Abandonment of Employment – Common Issue (2018) 70 AILR ¶102-910;  FWCFB 139
ENTERPRISE AGREEMENT: EMPLOYER’S RIGHT TO CONDUCT RANDOM URINE TESTING CONFIRMED
The Fair Work Commission has found that an employer is permitted under the terms of its current enterprise agreement to require employees to comply with the employer’s drug and alcohol policy including random drug testing by means of urine sampling.
AWU v Rocla Pty Ltd t/a Rocla Pipes & Products (2018) 70 AILR ¶102-911;  FWC 340
UNFAIR DISMISSAL: HIGH EARNING, NON-AWARD MANAGER’S CLAIM WITHIN JURISDICTION
A Full Bench of the Fair Work Commission has refused permission to appeal against a decision which held that the employment of a senior manager was covered by an enterprise agreement where the employee was broadly eligible to be a member of the union party to the agreement.
Linfox Australia Pty Ltd v Howell (2018) 70 AILR ¶102-912;  FWCFB 464