News

A truck driver for a demolition company has failed to convince the Fair Work Commission that the seriousness of a safety breach which could have seen him run over by an excavator had been overstated, with termination being endorsed as an option which was “reasonably open” to the employer. In upholding the truck driver’s summary dismissal, Commissioner Allison also rejected the employee’s claim that a bullying complaint he had raised the day after the incident played any part in the decision to dismiss.

A logistics company has paid a heavy price after the Fair Work Commission (FWC) found a worker with a strong Scottish accent was misheard and did not resign from her employment, as the company had maintained.

Continue reading “Strong Scottish Accent Costs Employer $32K in Dismissal Claim”

The Albanese Government has succeeded in raising the government funded paid parental leave entitled to 26 weeks, after the Senate passed legislation this week to give effect to the increase. 

Continue reading “Senate Passes Increase to Paid Parental Leave”

On 15 March 2024, the Fair Work Commission (FWC) handed down its ‘Stage 3’ decision in the long-running work value case, which has been underway since 2021. The claim, initiated by the HSU, has pursued wage increases for employees engaged in the Aged Care sector who provide direct care to aged persons under the Nurses Award 2020, the Aged Care Award 2010 and the Social, Community, Home Care & Disability Services Industry Award 2010.

UPDATE: In September, the FWC published the final determinations to vary each award from ppc 1 January 2025.

The Queensland Council of Unions (QCU) has launched a campaign to obtain leave and flexibility entitlements for workers experiencing reproductive health issues.

Continue reading “Queensland Unions Launch Campaign for Reproductive Leave”

As we continue the charge into 2024 and with Easter just around the corner, employers are reminded that all FOUR days across the long weekend will be observed as public holidays in Queensland, NSW, the ACT and Victoria. Different arrangements may apply in other states and territories.

After agreeing to split its desired ‘Closing Loopholes’ legislation into separate parts to secure passage of the less controversial elements prior to Christmas 2023, the next instalment of the Government’s proposed IR reform has been successfully negotiated faster than expected, with the ‘Closing Loopholes No. 2’ Bill having passed both Houses of Parliament as of 12 February. The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (‘Closing Loopholes No. 2’) received Royal Assent 26 February 2024.

Following on from changes ushered in within part one of the ‘Closing Loopholes’ legislation (ratified prior to Christmas), the Fair Work Commission has commenced the process of constructing a suitable delegates rights’ clause for inclusion in all Modern Awards from 1 July 2024, which, once operative, will entitle elected union delegates to reasonable access to paid leave for the purposes of attending related training.

In early-August 2023, a subsidiary company of Clive Palmer’s Mineralogy group, terminated the employment of 125 workers at the Palmer Coolum Resort in a sudden mass sacking event purportedly initiated due to a “large amount” of “fraud, theft and other matters of dishonesty” across the entire site. The “scattergun approach” resulted in 47 unfair dismissal applications being lodged, four of which proceeded to Hearing, with Commissioner Bernie Riordan determining all matters and awarding sizeable compensation in each instance.