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Contravening enterprise agreements can be expensive

Thinking| 23 Oct 2019

Contravening enterprise agreements can be expensive

Under the Fair Work Act 2009 (Cth) (Act) contravening an enterprise agreement can result in orders for compensation and pecuniary penalty orders. Failing to comply with an enterprise agreement can have severe financial consequences. This was recently illustrated in the case ...

Two jobs with one employer – how does that work?

Thinking| 18 Apr 2019

Two jobs with one employer – how does that work?

When an employee has two jobs with the same employer, questions can arise as to the employee’s entitlements. This was the situation for an Australia Post employee who made a claim in the Federal Circuit Court of Australia (FCC).

Employee dismissed for inappropriately touching co-worker

Thinking| 07 May 2018

Employee dismissed for inappropriately touching co-worker

The Commission agreed, reinforcing the position that employers have a duty to protect employees against the inappropriate conduct and not just sexual harassment in the workplace. The Fair Work Commission found this was a valid reason for dismissal and dismissed ...

Failure to serve application on union means enterprise agreement approval quashed

Thinking| 22 Aug 2017

Failure to serve application on union means enterprise agreement approval quashed

A recent decision (Sigma Case) of the Full Bench of the Fair Work Commission (Commission) provides yet another example of the difficulties the procedural requirements for enterprise bargaining under the Fair Work Act 2009 (Cth) (Act) can create.

Employees off due to illness or injury have a duty to communicate

Thinking| 07 Apr 2017

Employees off due to illness or injury have a duty to communicate

The recent case of Laviano v Fair Work Ombudsman1 reinforces that employees absent from work for extended periods due to illness or injury have a duty to communicate with their employers.