In the media
Bunnings forked out over $6 million to 40,000 staff who
were underpaid superannuation
Bunnings workers were not paid the correct superannuation
thanks to what the company describes as a payroll error. The
average underpayment per team member was $95.33 (29 November 2019).
More...
FWO recovers entitlements for school cleaners
Following an investigation by the Fair Work Ombudsman, the
Victorian Department of Education and Training
(DET) has made significant changes to school
cleaning contracts to protect workers (29 November 2019).
More...
Courier company failed to provide paid meal breaks
A failure to provide paid meal breaks has resulted in
national parcel delivery company Couriers Please Pty Ltd
underpaying staff $382,065 over a period of eight years (29
November 2019).
More...
Deliveroo has released data it says proves its riders
value flexibility, as part of the company's push to change
Australian workplace law
Deliveroo has released research it claims proves its
riders value both flexibility and security in their work, as part
of the company's push to reform regulation governing the gig
economy. The union representing Deliveroo riders, however,
maintains the company can easily offer benefits without making
changes to Australia's workplace laws (28 November 2019).
More...
Printing business penalised
The operators of a Sydney printing finishing business have
back-paid migrant workers $229,564 and been penalised a combined
$18,144 following Fair Work Ombudsman court action (22 November
2019).
More...
Sydney PappaRich franchisees penalised
The Fair Work Ombudsman has secured $307,802 in penalties
in the Federal Circuit Court in response to 154 workers across
three PappaRich restaurants in Sydney being underpaid $74,000 (21
November 2019).
More...
Plumber penalised over $150,000
The Fair Work Ombudsman has secured penalties of $151,200
against a Victorian plumber and his company for underpaying a young
worker following previous court action involving "startlingly
similar" conduct (19 November 2019).
More...
ABCC alleges CFMMEU officials threatened and intimidated
NSW crane workers and company
The ABCC has commenced Federal Court action against the
CFMMEU and seven officials alleging they targeted Wollongong crane
company WGC Cranes and its workers as part of a campaign to coerce
the company to sign up to a new CFMMEU enterprise agreement. (19
November 2019).
More...
Former Crust pizza franchisee penalised
The Fair Work Ombudsman has secured a total of $75,400 in
penalties in court against a former Melbourne Crust Gourmet Pizza
Bar franchise and one of its directors, after they underpaid seven
employees and provided false records to the FWO (19 November 2019)
Former Crust pizza franchisee.
More...
ABC to begin repaying nearly 2,000 underpaid staff next
month
The ABC says 1,886 current and former employees who were
underpaid over six years will begin receiving payments in December
(18 November 2019).
More...
Productivity Commission to review national skills &
workforce agreement
The Morrison Government today has requested the
Productivity Commission to review the National Agreement for Skills
and Workforce Development (NASWD). The Morrison
Government is committed to strengthening the VET sector so that all
Australians have the skills they need to succeed in a changing
workplace, and businesses have a pipeline of qualified workers to
grow and prosper (15 November 2019).
More...
Federal Court penalises NUW
The Fair Work Ombudsman has secured a $72,900 penalty and
$101,539.50 compensation order in the Federal Court against the
National Union of Workers (NUW) over unlawful
industrial action in Melbourne (15 November 2019).
More...
Recidivist Melbourne employer penalised $398,000
The Fair Work Ombudsman has secured a total of $398,520 in
penalties against a Melbourne CBD travel agency and one of its
directors for underpaying two migrant workers (15 November 2019).
More...
Court action over alleged underpayments in Cairns
The Fair Work Ombudsman has commenced legal action against
the operators of two food outlets in northern Queensland, alleging
they underpaid 18 workers, including teenagers, a total of $13,913
(14 November 2019).
More...
FWO audits Top Juice outlets
The Fair Work Ombudsman today carried out surprise audits
of 17 Top Juice outlets in Victoria, New South Wales, Queensland
and the ACT to check compliance with Australia's workplace laws
(12 November 2019).
More...
Protecting Workers In Our Changing Jobs Market
A new report has found an increasing number of independent
contractors are not adequately covered by workers compensation and
often miss out on leave or superannuation entitlements (08 November
2019).
More...
Underpaid workers remain out of pocket months after
employers apologise
A growing list of companies admit to underpaying workers
and subsequently apologise publicly, but it can be months or years
before employees see any of the cash they are owed (07 November
2019).
More...
Foreign workers underpaid by pizza franchise, told to
deliver further distances than Australians
The operators of a fast-food pizza shop in Hobart are
fined $104,000 after a court finds they "deliberately"
adopted a different payment system for foreign employees that saw
the workers earn significantly less than their Australian
counterparts (04 November 2019).
More...
Published reports articles, speeches
Australia's gender equality scorecard - November
2018
Workplace Gender Equality Agency: 13 November 2019
The results of the WGEA's latest dataset emphasise the
importance of measuring workplace gender equality. The data shows
that change is happening in Australian workplaces. More...
Department of Jobs and Small Business: Monthly Leading
Indicator of Employment November 2019
The Monthly Leading Indicator of Employment (the
Indicator) has fallen for the sixteenth consecutive month in
November 2019, after eleven consecutive monthly rises. The
Indicator's fall this month is attributed to declines in three
of its five components.
More...
Australian Bureau of Statistics
21/11/2019
Labour Force, Australia, Detailed - Electronic Delivery, Oct
2019 (cat no. 6291.0.55.001)
14/11/2019
Labour Force, Australia, Oct 2019 (cat no. 6202.0)
12/11/2019
Australian Labour Account: Concepts, Sources and Methods, Oct
2019 (cat no. 6150.0)
07/11/2019
Employment and Earnings, Public Sector, Australia, 2018-19 (cat
no. 6248.0.55.002)
In practice and courts
APH Senate Inquiry
Status: Accepting Submissions Date Referred: 13 November 2019
Submissions Close: 14 February 2020(25 June 2020).
More...
Fair Work Ombudsman: Entitlements
Entitlements over the Christmas and New Year holidays
2019-2020 (November 2019).
More...
Improving transparency and business relationships in the
franchising sector
Improving transparency and business relationships in
franchising is well underway, with the Morrison Government's
Franchising Taskforce commencing the next stage of consultation on
the future regulation of the sector. The Franchising Taskforce is
accepting submissions on the RIS until 6 December 2019 (11 November
2019). More...
FWC: 31 modern awards extensively varied
Starting in 2020, the Fair Work Commission will
extensively vary existing awards as a result of the 4 yearly review
of modern awards. The technical and drafting matters for the first
group of 31 awards has been completed. The varied awards have been
issued and will commence operation on 4 February 2020 (25 November
2019).
More...
Attorney General: Consultation released
A 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.
More...
Victoria: Labour Hire Providers
From 30th November 2019, only labour hire
providers that have been granted a licence, or have a decision
pending on their application, are allowed to operate in Victoria.
More...
Cases
Anning v Western Sydney University
(No.3) [2019] FCCA 3344
INDUSTRIAL LAW – Fair Work Act 2009 –
costs. INDUSTRIAL LAW – Fair Work Act 2009 – costs
– whether failure to accept offer made in notice to offer to
compromise unreasonable – relevant considerations. COSTS
– Respondent's notice of offer to compromise –
application dismissed – whether failure to accept offer was
unreasonable – relevant considerations.
Morton v Commonwealth Scientific and Industrial
Research Organisation (No 3) [2019] FCA
1943
INDUSTRIAL LAW – pecuniary penalty for contravention
of s340(1) of Fair Work Act – where respondent contends no
penalty should be imposed –determination of appropriate
penalty
COSTS – where respondent contends proceeding vexatious or
without reasonable cause – where adverse credibility findings
made in respect of applicant – where applicant refused four
offers to settle – refusal to accept offer was unreasonable
conduct – costs awarded on party and party basis
Association of Professional Engineers, Scientists and
Managers Australia v Bulga Underground Operations Pty
Ltd [2019] FCA
1960
INDUSTRIAL LAW – application by union and an
employee for declarations, compensation and penalties pursuant to
the Fair Work Act 2009 (Cth) and Coal Mining Industry (Long Service
Leave) Administration Act 1992 (Cth) in relation to unpaid long
service leave – where employee made redundant – where
application concerned calculation of untaken long service leave
entitlements – whether employer misconstrued the statutory
definition of "base rate of pay" to employee's
remuneration under his contract of employment and applicable
enterprise agreement – consideration of "base rate of
pay" pursuant to s 16(1) of the Fair Work Act 2009 (Cth)
– consideration of whether declaratory relief could be sought
in relation to all employees covered by the enterprise
agreement
Fair Work Ombudsman v Construction, Forestry, Maritime,
Mining and Energy Union [2019] FCA
1942
INDUSTRIAL LAW – pecuniary penalty – course of
conduct – double punishment for same conduct – single
penalty imposed. Fair Work Act 2009 (Cth) ss 417(1), 546(1),
557(1), 557(3); The respondent pay a pecuniary penalty of $38,000
in respect of its contraventions of s 417(1) of the Fair Work Act
2009 (Cth)
Fair Work Ombudsman v PPR Ryde
(NSW)Pty Ltd &
Anor; Fair Work
Ombudsman v Gateharvest Pty Ltd &
Anor;Fair Work Ombudsman
v Wong [2019] FCCA
3085
INDUSTRIAL LAW – Fair Work – application for
penalties – consideration of factors bearing upon penalties.
Fair Work Act 2009 (Cth), ss.44, 45, 535, 536, 545, 546, 550, 557;
Fair Work Regulations 2009 (Cth)
Fair Work Ombudsman v Desire Food Pty Ltd &
Anor [2019] FCCA
2979
INDUSTRIAL LAW – Penalty hearing – where
non-Australian citizens were underpaid by a franchisee –
Crust Pizza – multiple breaches of the Fast Food Industry
Award 2010 – breach of the Fair Work Act 2009 (Cth) –
provision to the Fair Work Ombudsman of false or misleading
information or documents – admitted contraventions –
where the contraveners have repaid underpayments. Fair Work Act
2009 (Cth), ss.44, 45, 90(2), 536(2), 536(1), 546, 550, 557,
718A
Fair Work Ombudsman v Pulis Plumbing Pty Ltd &
Anor [2019] FCCA
3192
INDUSTRIAL LAW – Penalty hearing – where the
employee was hired as an apprentice – where the employer
failed to register employee as an apprentice – where employer
paid the employee apprenticeship wages – employer provided
false or misleading documents to the Fair Work Inspector –
repeat contravening conduct – where the Fair Work Ombudsman
has previously investigated and litigated against the Respondent on
similar factual issues. Fair Work Act 2009 (Cth), ss.44(1), 45,
90(1), 99, 117(2), 117(1), 535(4), 535(1), 550, 557, 718A; Fair
Work Regulations 2009 (Cth), reg.3.40
Construction, Forestry, Maritime, Mining and Energy
Union v Australian Building and Construction
Commissioner [2019] FCAFC
201
INDUSTRIAL LAW – s 556 of the Fair Work Act 2009
(Cth) ("FW Act") – civil double jeopardy –
penalties imposed under ss 499 and 500 – conduct constituting
one contravention wholly subsumed within the conduct constituting
the other – whether s 556 is only engaged where there is a
complete overlap between the conduct (physical acts and omissions)
which constitutes each relevant contravention – whether
"conduct" in s 556 should be understood as not merely a
reference to physical acts and omissions but also to elements of
character or circumstance relevant to a given contravention –
common law principles of double jeopardy discussed – whether,
as a matter of fact, the penalties imposed in respect of the s 500
contravention were not in any way referable to the conduct
constituting the contraventions of s 499 – appeal allowed
Fair Work Ombudsman v Abella Travel Pty Ltd &
Anor [2019] FCCA
3262
INDUSTRIAL LAW – contraventions – declarations
– cash back arrangement to facilitate 457 visa applications
– underpayments – penalties. Fair Work Act 2009,
ss.44(1), 45, 90(1), 90(2), 99, 116, 293, 325, 535(1), 536(1),
546(1), 546(3)(a), 550, 557(1); Fair Work Regulations 2009,
reg.3.44(1), 3.44(6). (5) The first respondent pay penalties of
$332,100. (6) The second respondent pay penalties of $66,420.
Australian Building and Construction Commissioner v
Construction, Forestry, Maritime, Mining and Energy Union &
Ors [2019] FCCA
3261
INDUSTRIAL LAW – Civil remedy proceedings –
non-indemnification order.
PRACTICE AND PROCEDURE – Change to relief sought –
whether amendment to statement of claim necessary. Fair Work Act
2009, s.546
Australian Building and Construction Commissioner v
Hynes & Anor [2019] FCCA
3145
INDUSTRIAL LAW – Commonwealth – Compliance and
enforcement – Civil remedies – right of entry –
entry permit holder – act in an improper manner –
assessment of appropriate penalty. Fair Work Act 2009 (Cth),
ss.500, 512, 546, 550(1), 550(2). (2) The second respondent was
involved in the first respondent's contravention of s.500 of
the Fair Work Act 2009 (Cth) by being directly or indirectly,
knowingly concerned in or a party to the first respondent's
contravention for the purposes of s.550(1) of the Fair Work Act
2009 (Cth). (1) The first respondent pay a pecuniary penalty of
$4,400 in respect of his contravention of s.500 of the Fair Work
Act 2009 (Cth). (2) The second respondent pay a pecuniary penalty
of $34,650 in respect of its contravention of s.500 of the Fair
Work Act 2009 (Cth).
Fair Work Ombudsman v Qha Foods Pty Ltd &
Ors [2019] FCCA
3120
INDUSTRIAL LAW – Pecuniary penalties –
contraventions of the Fair Work Act 2009 (Cth) – quantum of
penalties – taking adverse action because of national
extraction by discriminating and injuring – underpayment of
entitlements – failure to make and keep records –
altering records – failure to provide pay slips. Crimes Act
1914 (Cth), s.4AA; Evidence Act 1995 (Cth), s.191; Fair Work Act
2009 (Cth), ss.3, 45, 342, 360, 361, 351, 535, 536, 545, 546, 550,
557; Fair Work Regulations 2009, regs.3.32, 3.33, 3.44. (4) The
First Respondent pay $80,000 in penalties pursuant to section
546(1) of the FW Act in respect of the contraventions set out in
paragraph (1) above. (5) The Second Respondent pay $12,000 in
penalties pursuant to section 546(1) of the FW Act in respect of
his involvement in the contraventions set out in paragraph (1)
above.(6) The Third Respondent pay $12,000 in penalties pursuant to
section 546(1) of the FW Act in respect of his involvement in the
contraventions set out in paragraph (1) above.
Sheehan v Thiess Pty Ltd [2019]
FCA 1762
INDUSTRIAL LAW - representative action - where
declarations in the form of answers to common questions sought -
interpretation of an industrial agreement - where clause 16(9) of
the relevant agreement provided that employees' working hours
finished at the inside of the site access gates - where employees
were not paid for the journey time to the site access gate - where
applicant claimed payment for this journey time - whether the
inside of the gate referred to a point immediately inside the gate
- whether clause 16(9) operated to define the place and time at
which employees finished work - whether clause 16(9) created an
entitlement to pay - consideration of factual dispute about the
location of the site access gates - judgment for the applicant Fair
Work Act 2009 (Cth) ss 54, 177
Legislation
Bills
Fair Work (Registered Organisations) Amendment (Ensuring
Integrity) Bill 2019
Amends the Fair Work (Registered Organisations) Act
2009 to: include certain serious criminal offences as a new
category of 'prescribed offence' for the purposes of the
automatic disqualification regime in relation to registered
organisations; establish an offence for a disqualified person to
continue to act as an official or in a way that influences the
affairs of an organisation; allow the Federal Court to disqualify
officials from holding office in certain circumstances or if they
are otherwise not a fit and proper person; allow the Federal Court
to cancel the registration of an organisation on a range of
grounds; expand the grounds on which the Federal Court may order
remedial action to deal with governance issues in an organisation;
expressly provide that the Federal Court may appoint an
administrator to an organisation or part of an organisation as part
of a remedial scheme; introduce a public interest test for
amalgamations of registered organisations; and make minor and
technical amendments. Progress : Senate Negatived in Committee of
the Whole 28 November 2019
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.