EVIDENCE: REPURPOSED FINANCIAL DATA DID NOT ATTRACT PARLIAMENTARY PRIVILEGE
A Full Bench of the Fair Work Commission dismissed objections to evidence tendered in proceedings for an industrial action-related workplace determination despite the material containing financial data identical to that contained in documents previously ruled inadmissible on the ground of Parliamentary privilege.
Commonwealth of Australia represented by the Department of Immigration and Border Protection (2017) 69 AILR ¶102-874;  FWCFB 5214
UNFAIR DISMISSAL: PROPER TESTS TO DETERMINE “TERMINATION AT INITIATIVE OF EMPLOYER” AND “FORCED RESIGNATION”
A Full Bench of the Fair Work Commission remitted an unfair dismissal application to the Fair Work Commission for rehearing as to whether the employee was “dismissed” within the meaning of s 386(1)(a) of the Fair Work Act 2009 (Cth). In doing so, the full bench set out the proper tests to be applied in determining whether an employee was dismissed under s 386(1)(a) or (b).
Bupa Aged Care Australia Pty Ltd t/a Bupa Aged Care Mosman v Tavassoli (2017) 69 AILR ¶102-875 ;  FWCFB 3941
PENALTIES: CLEANING CONTRACTOR FINED $306,000 FOR FAILING TO PAY FOREIGN NATIONALS
The Federal Circuit Court imposed pecuniary penalties totalling $306,000 against an employer and its director after they were found to have deliberately failed to pay their employees according to their minimum entitlements. All of the employees were foreign nationals employed under temporary or holiday visas.
Fair Work Ombudsman v Goldfinger Facility Management Pty Ltd & Anor (No 2) (2017) 69 AILR ¶102-876 ;  FCCA 2374
WORKPLACE RIGHTS: CASUAL EMPLOYEE DENIED RIGHT TO CONVERT TO PERMANENT STATUS
The Federal Court held that an employee was denied his right to convert his casual employment to permanent employment on a like-for-like basis. In addition, the employer did not provide the employee with his employment records, misrepresented that he was not entitled to a workplace representative and failed to consult with him about changes to his employment. The employee was awarded compensation and additional pecuniary penalties were imposed upon the employer.
Tomvald v Toll Transport Pty Ltd (2017) 69 AILR ¶102-877 ;  FCA 1208