In the media
Some part-time Bunnings workers have been underpaid
since 2011
Bunnings reveals a payroll error resulted in some
part-time workers receiving incorrect superannuation payments for
eight years. But the Fair Work Ombudsman has said self-disclosure
will no longer be enough to protect big businesses from punishment
(30 September 2019).
More...
Organisations find government legislation and employee
awards difficult to interpret
Ninety per cent of organisations say employee legislation
and awards are confusing or contradictory, and need revision (30
September 2019).
More...
Dairy company reaches settlement over foreign worker
underpayment allegations
A dairy company that accused foreign workers of owing rent
after allegations of underpayment arose has agreed to an
out-of-court settlement (27 September 2019).
More...
United Petroleum faces court
The FWO has commenced legal action in the Federal Court
against United Petroleum Pty Ltd (United Petroleum), alleging the
company failed to produce documents when it was legally required to
do so (27 September 2019).
More...
Devine Constructions found to have discriminated as a
result of towing CFMMEU line
The Federal Circuit Court in Brisbane has penalised Devine
Constructions, its general manager and a senior employee $38,000
for refusing to engage a steel fabrication company because it did
not have a CFMEU enterprise agreement (25 September 2019).
More...
Sunglass Hut to back-pay 620 workers
Sunglass Hut will back-pay $2.3 million to employees after
breaching Australia's workplace laws and underpaying 620 staff
at stores across the country (24 September 2019).
More...
Taking action against sexism and sexual harassment
The Andrews Labor Government is helping reduce sexism and
sexual harassment by supporting a pilot program that teaches
bystanders how to step in and take action against offensive
behaviour (24 September 2019).
More...
Conflict of interest guidelines updated
The Governance Institute of Australia has updated its
public sector guidelines for managing conflict of interest, taking
into account new recommendations by the NSW Independent Commission
Against Corruption (23 September 2019).
More...
Time running out to apply for labour hire licences in
Victoria
Victorian labour-hire businesses have just over one month
to register for the Andrews Labor Government's new
accreditation scheme, or else face significant penalties. From 30
October 2019, only labour-hire providers who are licensed or are
awaiting an application decision will be allowed to operate in
Victoria (23 September 2019).
More...
CFMMEU and Head Contractor penalised over $100,000 for
discriminating and threatening subcontractor
The Federal Court has imposed penalties totalling $108,875
against the CFMMEU and Harris HMC Interiors for attempting to
coerce a demolition subcontractor to make an enterprise agreement
with the CFMMEU at the Kathleen Syme Library and Community Centre
in Carlton (23 September 2019).
More...
Ultra Tune revs up for legal action against auditors
after court win
Ultra Tune is considering whether to take legal action
against its advisers after it successfully knocked more than
$500,000 off penalties for breaches of the franchising code of
conduct (24 September 2019).
More...
Sweetshop or sweatshop: Jury to decide on forced labour
claims at Melbourne bakery
The Candoo bakery turned out trays of gently scented
Iranian desserts and pastries each week. But some of its workers
have told a Melbourne Magistrates' Court committal hearing that
in the basement, prescription drugs were being used to keep workers
going around the clock (22 September 2019).
More...
Discriminating against subcontractor following CFMMEU
threat costs company $575,000
The Federal Circuit Court in Brisbane has penalised Forest
Meiers Construction and its construction manager a total of $35,000
for refusing to engage subcontractor C&K Tiling because the
company did not have an enterprise agreement with the CFMMEU (20
September 2019).
More...
IR reforms crucial to kick-start the economy:
Ombudsman
The Ombudsman says the government's concerns about
Australia's overly complex industrial relations system are
shared by the nation's small business community (19 September
2019).
More...
FWO files special leave application in Marland Mushrooms
case
On 13 September 2019, the Fair Work Ombudsman filed an
application in the High Court of Australia seeking special leave to
appeal against the split decision of the Full Federal Court in Fair
Work Ombudsman v Hu [2019] FCAFC 133 (19 September 2019).
More...
Submissions invited on wage theft criminalisation
The Morrison Government is committed to introducing strong
and effective criminal sanctions to help stamp out deliberate and
systematic wage theft by Australian employers. Community feedback
is being sought to help inform the development of a new offence and
penalty regime, which must include significant jail terms and fines
for the most serious offences (19 September 2019).
More...
Court exposes 'contrived' safety claim: CFMMEU
and official penalised $34,500
The Federal Court has handed down penalties totaling
$34,500 against the CFMMEU and its former official Brendan Murphy
after Mr Murphy was found to have intentionally hindered and
obstructed construction work at the Geelong Grammar school in
December 2014 (16 September 2019).
More...
Government seeks to restore clarity to personal leave
entitlements
The Morrison Government will seek leave, in the High
Court, to appeal a recent Full Federal Court decision, which has
sparked confusion and uncertainty around the way sick and carers
leave entitlements should be calculated (16 September 2019).
More...
Slavery in modern Australia': Sacked Uber Eats
worker's case challenges gig economy
A delivery driver suing Uber Eats for underpayment and
unfair dismissal has found support from the union movement, which
says it is time to treat gig workers as employees (16 September
2019).
More...
Kids clothing retailer faces court
The Fair Work Ombudsman has commenced court action against
a retailer that allegedly underpaid four Chinese migrants over
$140,000 and breached Protecting Vulnerable Worker laws, including
by committing serious contraventions and hindering-or-obstructing
Fair Work inspectors (13 September 2019).
More...
Delivering more safety and fairness to owner-drivers in
Victoria
Amendments to the Owner Drivers and Forestry
Contractors Act passed Parliament, ensuring these workers
– including drivers that work for delivery services such as
UberEats and Deliveroo – are paid correctly, are safer at
work and have all the information they need to run successful
businesses (12 September 2019).
More...
Defending the human rights of Victorian workers
The Labor Government has made a submission to the
Australian Senate against the Ensuring Integrity Bill, which
targets the union movement and its officials. The Fair Work
(Registered Organisations) Amendment Bill 2019 introduces a so
called 'public interest test' that limits the freedom of
unions to merge their organisations (03 September 2019).
More...
Published - reports, articles, speeches
Department of Jobs and small business: Monthly leading
indicator of employment September 2019
The Monthly Leading Indicator of Employment (the
Indicator) has fallen for the sixteenth consecutive month in
September 2019, after nine consecutive monthly rises.
More...
Australian Bureau of Statistics
26 September
Labour Force, Australia, Detailed, Quarterly, Aug 2019 (cat no.
6291.0.55.003)
19 September
Labour Force, Australia, Aug 2019 (cat no. 6202.0)
05 September
Industrial Disputes, Australia, Jun 2019 (cat no.
6321.0.55.001)
In practice and courts
Attorney General: Consultations released
– Project life greenfields agreements and
Improving protections of employees' wages and entitlements:
Strengthening penalties for
non-compliance
A discussion paper that invites submissions on a
range of issues, including the thresholds at which certain
behaviour should be criminalised, the potential penalties and how
the changes would apply to corporations.
A separate discussion paper, examining the issue of Project Life
Greenfields Agreements. Under the Fair Work Act,
enterprise agreements can only apply for a maximum of four years
after approval.
The papers can be viewed on the Attorney-General's website.
Submissions close on October 25 for the wage theft paper and
November 1 for the second paper.
FWO: Climate change protests in September 2019
Employees who attended the protest, but were required to
be at work, needed their employer's permission to be away from
work. For example, employees could request to take annual leave to
attend the protest.
Employees may also be able to take other forms of paid or unpaid
leave. The process for requesting annual or other forms of leave is
often set out in an award, a registered agreement, contract of
employment or company policy. More...
Case
Taylor v Commonwealth of Australia represented by the
Department of Health [2019] FCA
1587
INDUSTRIAL LAW – application for interlocutory
injunctive relief in the context of proceedings alleging numerous
instances of adverse action for exercise of workplace rights
contrary to s 340(1) of the Fair Work Act 2009 (Cth)
– interlocutory injunctive relief refused
Director, Fair Work Building Industry Inspectorate v
Devine Constructions Pty Ltd & Ors [2019]
FCCA 2712
INDUSTRIAL LAW – Commonwealth – compliance
and enforcement – civil remedies – pecuniary penalty
orders – assessing penalty – deterrence. Fair Work
Act 2009 (Cth), ss.340, 354, 546, 550(1), 557(1)
Civil Air Operations Officers' Association of
Australia v Airservices Australia [2019] FCA
1542
INDUSTRIAL LAW – pecuniary penalty –
admitted contravention of s 50 of the Fair Work Act 2009
(Cth) – consideration of relevant factors in assessment of
penalty – penalty imposed
Australian Building and Construction Commissioner v
Construction, Forestry, Maritime, Mining, and Energy
Union (Syme Library Case) (No 2) [2019] FCA
1555
INDUSTRIAL LAW – civil penalty provision –
contraventions of s 340, s 343, s 345, s 348, s 349, and s 354 of
Fair Work Act 2009 – relevance of past
contraventions of provisions by parties to quantum of penalty
– making of declarations and orders as to appropriate
penalty.
Fair Work Ombudsman v NSW Motel Management Services Pty
Ltd & Ors (No.2) [2019] FCCA 2638
INDUSTRIAL LAW – Application for imposition of
civil penalties – contraventions of the Fair Work Act
2009 (Cth) – respondents made certain admissions –
findings made in relation to remaining issues – appropriate
penalty for contraventions by respondents. Fair Work Act
2009 (Cth) ss.536, 546, 550, 551, 557
Commissioner of the Australian Building and
Construction Commission v Hall & Ors
(No.2) [2019] FCCA 2055
INDUSTRIAL LAW – Concessions made by Applicant
regarding liability of the Seventh Respondent Union –
consideration of those concessions inevitably leads Court to
dismiss Contravention Applications against the Seventh Respondent
Union except in relation to the contraventions admitted –
supplementary judgment and amendment to Orders pursuant to the
"slip rule". Fair Work Act 2009 (Cth),
s.793.
ABCC v Forest Meiers Construction Pty Ltd &
Anor (No.2) [2019] FCCA
2663
INDUSTRIAL LAW – Commonwealth – compliance
and enforcement – civil remedies – pecuniary penalty
orders – assessing penalty – deterrence. Fair Work
Act 2009 (Cth), ss.340, 354, 546, 550(1), 557(1)
Registered Organisations Commissioner v Australian
Hotels Association [2019] FCA
1516
INDUSTRIAL LAW – civil penalty proceedings –
admitted contraventions by respondent of certain election
notification and record keeping provisions of the Fair Work
(Registered Organisations) Act 2009 (Cth) –
contraventions spanned a period of 14 years – agreed
statement of facts – whether increase in number of penalty
units applies retrospectively – whether certain
contraventions to be grouped together – consideration of
appropriate penalty in the circumstances Fair Work (Registered
Organisations) Act 2009 (Cth), ss 189(2), 230(1)(c), 233(2);
Fair Work (Registered Organisations) Amendment Act 2012
(Cth), Schedule 1, Items 7, 8, 10
Australian Building and Construction Commissioner v
Construction, Forestry, Maritime, Mining and Energy
Union (Geelong Grammar School Case) (No 2)
[2019] FCA 1498
INDUSTRIAL LAW – pecuniary penalties –
contravention of s 500 of the Fair Work Act 2009 (Cth)
– consideration of relevant factors in assessment of
penalties – relevance of prior contraventions to fixing of
penalty – penalties imposed. Fair Work Act 2009
(Cth) ss 500, 539, 546, 793; Federal Court Rules 2011(Cth) rr
10.31(e), 41.07
Ridd v James Cook University
(No.2) [2019] FCCA 2489
INDUSTRIAL LAW – Assessment of compensation –
past economic loss – future economic loss –
vicissitudes – general damages – post judgment
behaviour – assessment of pecuniary penalties.
Legislation
Commonwealth
Bills
Fair Work Laws Amendment (Proper Use of Worker Benefits)
Bill 2019
Senate 11/09/2019 – Second reading debate 01
August 2019 – This Bill will amend the Fair Work
(Registered Organisations) Act 2009 (the RO
Act) and the Fair Work Act 2009 (the FW
Act) to protect workers through greater governance and
transparency of registered organisations and associated entities,
in particular worker entitlement funds and gives effect to
recommendations made by the Royal Commission into Trade Union
Governance and Corruption (the Royal Commission).
Fair Work Amendment (Stop Work to Stop Warming) Bill
2019
HR 16/09/2019 – The Bill introduces a new
category of 'protected climate change industrial action'.
Employees taking such action are immune from having any action
taken against them under any Australian law, provided their action
remains within certain limits (such as not being a threat to anyone
else's life or safety). The Bill permits employees and
employers to include in their enterprise agreements matters
pertaining to climate change
Paid
Parental Leave Amendment (Work Test) Bill
2019
Senate 19/09/2019 – The Bill introduces in part the
measure affecting Paid Parental Leave announced in the Mid-Year
Economic and Fiscal Outlook 2018-19 measure 'Extending Access
to Parental Leave Pay'. The Paid Parental Leave work test will
be amended to take into account the circumstances of pregnant
employees
Regulations
Fair
Work Amendment (Right of Entry Identification) Regulations
2019
20/09/2019 – This instrument amends the Fair Work
Regulations 2009 to provide clarity and certainty of the types of
documents that can be produced during the transition to a
modernised form of entry permit.
Australian
Human Rights Commission Regulations 2019
13/09/2019 – These regulations declare additional
grounds of discrimination for the purposes of the Australian Human
Rights Commission's equal opportunity in employment function,
provided for by Division 4 of Part II of the Australian Human
Rights Commission Act 1986.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.