In the media
Wellways Australia signs Enforceable Undertaking
Mental health, community care and disability services
provider Wellways Australia Limited will back-pay staff more than
$1.5 million after entering into an Enforceable Undertaking with
the Fair Work Ombudsman (29 April 2021).
More...
Australian CEOs pledge to stamp out sexual harassment in
the workplace
CEOs of Australia's leading businesses have signed a
pledge to stamp out sexual harassment in the workplace. Launched by
Diversity Council Australia, the #IStandForRespect campaign is a
public promise to take a zero-tolerance approach to gendered
harassment and foster a workplace that is safe for everyone (28
April 2021).
More...
Former CFMMEU Secretary and Assistant Secretary
penalised over school unlawful entry case
Two former CFMMEU NSW senior officials have been penalised
a total of $9,180 following a judgment in the Federal Circuit Court
(27 April 2021).
More...
Cleaners allegedly underpaid over $100,000
The Fair Work Ombudsman has commenced legal action against
a contract cleaning company in regional WA, alleging it underpaid
employees more than $119,000 and falsified records (26 April 2021).
More...
Insurance company faces court
The Fair Work Ombudsman has commenced legal action in the
Federal Circuit Court against the operators of a South
Melbourne-based business that provides insurance to the transport
industry (26 April 2021).
More...
Home Affairs Department moves to ban sleeveless clothing
– even on Zoom
A new dress code proposed by the Department of Home
Affairs will ban staff from wearing sleeveless clothing, even on
video calls. However, the Fair Work Commission has ruled the
department must consult with staff before imposing new policies,
after a legal challenge by the Community and Public Sector Union
(24 April 2021).
More...
Trolley collecting operator faces court
The Fair Work Ombudsman has commenced legal action against
the operator of a trolley collecting business in regional NSW for
allegedly breaching a Fair Work Commission order (23 April 2021).
More...
CFMMEU and senior officials in NSW hit with more than $1
million in penalties for industrial thuggery and bullying
The Federal Court has handed down $1,022,500 in penalties
against the CFMMEU, three of its highest-ranking NSW officials and
a delegate following threats and unlawful pickets against Sydney
crane company Botany Cranes in January 2019 (22 April 2021).
More...
Queensland construction company penalised
The Fair Work Ombudsman has secured a total of $53,000 in
penalties in court against the operators of a Queensland business
in the construction industry for ignoring a Fair Work Commission
order by failing to compensate an employee who was unfairly
dismissed (20 April 2021).
More...
Senate Committee on insecure work
While much of the Government's Fair Work Amendment
(Supporting Australia's Jobs and Economic Recovery) Act 2021
was abandoned during its passage through Parliament, the remaining
provisions still push the dial in precisely the wrong direction.
The new legislation explicitly confirms the right of employers to
define workers as casuals, even if the work they perform is regular
(16 April 2021).
More...
Hours worked recover to pre-COVID level
Seasonally adjusted employment increased by 71,000 people
between February and March 2021 according to the Australian Bureau
of Statistics. "Employment and hours worked in March 2021 were
both higher than March 2020, up by 0.6 per cent and 1.2 per
cent" (15 April 2021).
More...
Comcare guide to beat workplace harassment
Comcare has released a guidance resource to help
employers, managers, supervisors and workers prevent and respond to
sexual harassment in the workplace (05 April 2021).
More...
Appointments to the Fair Work Commission
Attorney-General and Minister for Industrial Relations,
Michaelia Cash, announced the appointment of five new Fair Work
Commission members (01 April 2021).
More...
Published reports articles, speeches
Department of Jobs and Small Business: Monthly Leading
Indicator of Employment 2021
The Monthly Leading Indicator of Employment (the
Indicator) has risen for the tenth consecutive month in
April 2021. The Indicator's rise this month is attributed to
three of its five components. Read more
here.
In practice and courts
FWO: Visual piecework agreement template for
horticulture employers
Our first visual agreement template to help employers and
their employees make a piecework agreement simply and easily under
the Horticulture Award. The visual agreement template can be found
in our Horticulture Showcase. Our Showcase has information about
how to use piecework agreements. Use the
visual piecework agreement template. Read more
here (27 April 2021).
WFC: Equal Remuneration and Work Value Case decision
issued
The Fair Work Commission issued the Equal Remuneration and
Work Value Case decision. A summary of the decision is available on
the
summaries of significant decisions page on the Commission's
website. Read the
summary of the decision (19 April 2021).
FWO: Enterprise agreements timeliness benchmarks –
statement
The President of the Fair Work Commission issued a
statement setting out new timeliness benchmarks for the Commission
to determine applications for approval of enterprise agreements.
Read the
statement. Click
here to find out more (12 April 2021).
FWO: Changes to casual employment terms –
statements published
The President of the Fair Work Commission has issued a
statement relating to changes arising from the Fair Work Amendment
(Supporting Australia's Jobs and Economic Recovery) Act 2021. A
major case website has been established to publish material
relating to the casual terms award review 2021. View the
statement about the casual amendments and information about the
casual terms award review 2021. Click
here to read more (09 April 2021).
FWO: Workplace Advice Service goes national
From 1 April 2021 the Workplace Advice Service has been
available nationally. Read more
here (01 April 2021).
Cases
Australian Building and Construction Commissioner v
Hanlon (No 2) [2021] FCCA
787
INDUSTRIAL LAW – breaches of civil remedy provisions
of the Fair Work Act 2009 – imposition of pecuniary penalties
– relevant considerations.
Fair Work Act 2009, ss 500, 539, 546 – Crimes Act 1914, s 4AA
– Workplace Relations Act 1996.
The first respondent pay a penalty of $3,060. The second respondent
pay a penalty of $6,120.
Australian Building and Construction Commissioner v
Construction, Forestry, Maritime, Mining and Energy Union (No 3)
(The Botany Cranes Case) [2021] FCA
363
INDUSTRIAL LAW – application for declarations of
contraventions of ss 47(1), 52(a) and 54(1) Building and
Construction Industry (Improving Productivity) Act 2016 (Cth) by
officers of building industry participant acting on its behalf and
by their conduct and states of mind also by participant under s 94
– where contraveners organised and or engaged in unlawful
picket that prevented and intimidated persons accessing or leaving
building site to coerce employer to reemploy employee and advance
industrial objective of signing proposed enterprise agreement in
contravention of s 47(1) – where officers of association
acting on its behalf organised and engaged or threatened to
organise or take action with intent to coerce employer to reemploy
employee in contravention of s 52(a) – where officer of
association acting on its behalf threatened to organise or take
action against employer with intent to apply undue pressure to it
to agree to make enterprise agreement in contravention of s
54(1)(a).
STATUTORY INTERPRETATION – whether multiple contraventions by
conduct of officials acting on behalf of building industry
participant taken to be its conduct can result in multiple
contraventions by participant of same civil penalty provision under
ss 83, 84 and 91 – whether conduct common to each
contravener's contraventions of one of ss 47(1) and 52(a)
"same conduct" or "particular conduct"
precluding more than one penalty being imposed in relation to that
conduct for other contravention – meaning of "particular
conduct", "same conduct" and "same facts"
in ss 83, 84 and 91.
INDUSTRIAL LAW – penalty – where building industry
participant and officials acting on its behalf have significant
history of prior contraventions – where contravening conduct
intimidated employees of and caused loss of revenue to building
industry participant – power to order part of penalty to be
paid to persons affected by contravention under s 81(5).
New v Edition Coffee Roasters Pty Ltd
[2021] FCCA 777
INDUSTRIAL LAW – default judgment application
against second respondent – second respondent aware of
proceeding and had previously participated – default judgment
ordered against second respondent – application for joinder
of proposed sixth respondent – no arguable case against the
proposed sixth respondent – joinder refused – removal
application of third, fourth, and fifth respondents – removal
application granted.
COSTS – costs application brought by the third, fourth, and
fifth respondents – respondents bear their own costs.
Corporations Act 2001 (Cth) ss 58AA, 500 – Fair Work Act 2009
(Cth) ss 44, 45, 62, 340, 361, 536, 550, 570.
Kolozsvari v BIC Services Pty Ltd
[2021] FCCA 742
INDUSTRIAL LAW – application for summary dismissal
– failure to comply with orders – where the breach has
been rectified – consideration of Rule 13.03B Federal Circuit
Court Rules 2001 (Cth) – consideration of abuse of process
and prolongation of proceedings – application for summary
dismissal not granted – costs in the cause.
Fair Work Ombudsman v Tester
[2021] FCCA 771
INDUSTRIAL LAW – Commonwealth – compliance and
enforcement – civil remedies – pecuniary penalty orders
– amount of penalty – failure to comply with compliance
notice.
Fair Work Act 2009 (Cth) ss 539(2) 546, 557(1), 557(2), 716(2),
716(3), 716(4A), 716(4B), 716(5), 717.
Fair Work Ombudsman v Yorktor Pty Ltd
[2021] FCCA 779
INDUSTRIAL LAW – admitted contraventions of Fair
Work Act 2009 – failure to comply with a compliance notice
pursuant to section 716(5) of the Fair Work Act – first
respondent in liquidation – assessment of pecuniary penalties
as against second respondent who admitted to involvement in the
contravention within the meaning of section 550 of the Fair Work
Act 2009 – non-exhaustive list of factors relevant to the
imposition of a penalty – imposition of penalty appropriate
to discourage similar conduct in the industry.
Pursuant to section 546(1) of the FW Act, the second respondent pay
a pecuniary penalty in the total sum of $3500.00 to the
Commonwealth for the contravention set out in paragraph 1 herein,
within 21 days of the date of these orders.
Fair Work Ombudsman v ADADN Pty Ltd
[2021] FCCA 756
INDUSTRIAL LAW – Commonwealth – compliance and
enforcement – civil remedies – pecuniary penalty orders
– amount of penalty – failure to comply with order of
Fair Work Commission.
Pursuant to s.545(2) of the Fair Work Act 2009 (Cth), within 28
days of the date of these orders the first respondent pay (a) the
sum of $34,590.00 to the applicant.
Fair Work Ombudsman v Trucking Services Pty
Ltd [2021] FCCA
760
INDUSTRIAL LAW – Commonwealth – compliance and
enforcement – civil remedies – pecuniary penalty orders
– amount of penalty – failure to comply with compliance
notice.
Pursuant to s.546(1) of the Fair Work Act 2009 (Cth), the
respondent pay a pecuniary penalty of $25,200 $20,000 to the
Commonwealth for the contravention of s.716(5) of the Fair Work Act
2009 (Cth) the subject of the declaration made by this Court on 25
January, 2021, within 28 days of the date of this order.
Carbone v James McConvill &
Associates [2021] FCCA
661
INDUSTRIAL LAW – Fair Work application –
claims for breach of contract and claims under the Competition and
Consumer Act 2010 (Cth) – where default judgment has been
entered by the Federal Court in favour of the applicant with
damages to be assessed – matter remitted for hearing in the
Federal Circuit Court for the assessment of damages, pecuniary
penalties and any question of associated costs – where the
applicant abandoned claims for breach of contract.
In respect of the applicant's claim under the Fair Work Act
2009 (Cth) (the FW Act), the first respondent and
second respondent jointly and severally pay to the applicant the
sum of $157,693.38 pursuant to section 545 of the FW Act.
The FWC Bulletin
Volume
14/21 22 April 2021
Volume
13/21 15 April 2021
Volume
12/21 1 April 2021
Legislation
Regulations
JobMaker
Hiring Credit Reporting Obligations Amendment Instrument
2021
20 April 2021 – this instrument makes minor updates
to the JobMaker Hiring Credit Reporting Obligations Instrument 2020
and enables employers with single touch payroll software
constraints to make a claim for JobMaker Hiring Credit
payments.
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.
