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Fair Work Act 2009

EMPLOYMENT UPDATE

New International OHS Standard Published and Federal Court to Consider ‘CASUAL LEAVE’ Issue Again

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This month we look at the new international OHS standard published by Standards Australia. We also discuss the current ‘casual leave’ issue that is set to be considered again by the Federal Court, with a number of parties intervening in a new case brought by Workpac. New OHS standard published The world’s first international OHS […]

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Court punishes employer for failing to apply casual conversion clause properly

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The Federal Court of Australia has fined an employer who refused a employee the opportunity to convert his casual employment to equivalent full-time employment. The employee was a freight handler with a major transport company.  The employee had a right to elect to convert from casual employment to equivalent permanent employment under the both the […]

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Construction company faces fines and compensation order after attempted sham arrangement

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A construction company and its director face a compensation order and the imposition of civil penalties following a recent Federal Circuit Court decision. Facts In November 2010, the Director of the Company advertised for expressions of interest for the position of excavator operator. The worker, who was appropriately qualified, responded to the advertisement.  The worker […]

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FWC gives guidance on employees providing backdated medical certificates

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In The Maritime Union of Australia v DP World Sydney Limited, the Fair Work Commission considered the ability of the employer to unilaterally reject backdated medical certificates based on the wording of an applicable enterprise agreement. The Union asserted that the term ‘backdated medical certificate’ related to a certificate ‘which had been falsely dated so […]

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