COVID-19 update
Almost half the businesses interested in JobKeeper have
not signed up
Hundreds of thousands of employers who registered interest
in JobKeeper have not signed up for the payment, citing ineligible
workers, confusing rules and cashflow problems (29 April 2020).
More...
Workplaces warned to be ready to respond immediately if
COVID-19 emerges, as restrictions are
Australian business are presented with a new set of rules
on how to manage workplaces during the coronavirus pandemic, as
Prime Minister Scott Morrison says he would "love to see a
return to work across the board" (24 April 2020).
More...
Young people dominate nearly 800,000 job losses since
COVID-19 crisis escalated
The COVID-19 pandemic resulted in a 5.5 per cent slump in
jobs in the first week after extensive business shutdowns and
social-distancing limits were introduced to contain the virus (21
April 2020).
More...
600,000 people out of a job, 1.6 million with no income
from work: ABS estimates the initial cost of coronavirus
A new survey from the ABS shows the extreme effect of
coronavirus social-distancing measures on employment, with well
over a million workers losing their incomes in the space of a month
(20 April 2020).
More...
The seven steps every workplace should follow if someone
shows symptoms for coronavirus
The Prime Minister says he wants everyone to follow these
seven steps if someone at work is worried they have COVID-19 (07
April 2020).
More...
Qantas under investigation for standing down worker who
raised coronavirus concerns
The Transport Workers' Union says the worker was just
looking out for fellow cleaners, but Qantas says the employee was
spreading incorrect information (02 April 2020).
More...
Working together in the national interest –
COVID-19 next steps
Business Council of Australia: 20 April 2020
Australia has been highly successful at managing the COVID-19
pandemic's impact on local health outcomes. The business
community stands ready to step-up and stand side by side with state
and federal governments to safely re-open the economy and to
provide and promote safe workplaces. More...
Returning to work during the pandemic
Michael Shoebridge, Australian Strategic Policy Institute:
15 April 2020
How might Australia return to work without getting back on the
elevator of exponentially growing infection and deaths? This report
sketches out that path, with the answers involving mass testing,
and companies funded and supported to do rapid testing, data
collection and analysis. More...
Working from home: opportunities and risks
Alison Pennington, Jim Stanford; Centre for Future Work:
13 April 2020
With many regular workplaces shut down to 'flatten the
curve' of COVID-19, millions of Australians are now shifting
their work to home. This paper surveys the scope of home work,
considers its impacts on economic and gender inequality, and
proposes several policy recommendations. More...
Shutdown: estimating the COVID-19 employment shock
Brendan Coates et al; Grattan Institute: 19 April
2020
Australia's governments are rightly spending record amounts
trying to cushion Australian workers and businesses from the worst
impacts of this unprecedented crisis. This paper shows that the
economic shock from COVID-19 is going to be so big that more
support will be needed. More...
FWC: Jobkeeper disputes benchbook published
The Fair Work Commission has published a new
Jobkeeper disputes benchbook.
Under the new Part 6-4C, the Commission has a role in helping
parties resolve some disputes relating to the jobkeeper payment
scheme. The benchbook has been prepared by staff of the Commission
to provide information about the Commission's role in dealing
with jobkeeper disputes (28 April 2020).
More...
JobKeeper Amendments to the Fair Work Act
This legislative package contains a number of bills to
implement the Government's economic response to the spread of
the Coronavirus. Schedule 1 amends the Fair Work Act to support the
practical operation of the JobKeeper scheme in Australian
workplaces in the national workplace relations system and keep
Australians employed. More...
JobKeeper - Rules
This instrument is the Coronavirus Economic Response
Package (Payments and Benefits) Rules 2020 made. More...
Coronavirus
Economic Response Package (Payments and Benefits) Rules
2020
Other unincorporated amendments to the Rules include:
Coronavirus
Economic Response Package (Payments and Benefits) Amendment Rules
(No. 1) 2020
Coronavirus
Economic Response Package (Payments and Benefits) Amendment Rules
(No. 2) 2020
JobKeeper – Alternative Decline in Turnover
Test
This instrument applies to provide alternative bases for a
class of entities to satisfy the decline in turnover test for the
purposes of seeking to be a qualifying employer for JobKeeper
payments, when the Commissioner is satisfied that there is not an
appropriate relevant comparison period for the purposes of an
entity in the class of entities satisfying the decline in turnover
test under subsection 8(1) of the Coronavirus Economic Response
Package (Payments and Benefits) Rules 2020 (F2020L00419) registered
on 9 April 2020 (the Rules). More...
Public Service (Terms and Conditions of Employment)
(General wage increase deferrals during the COVID-19 pandemic)
Determination 2020
09/04/2020 - This instrument provides a six-month delay to
Australian Public Service wage increases occurring during a period
of 12 months. More...
In the media
Court penalises Darwin restaurant operators
The operators of the Darwin restaurant, Bar.B.Q Tonight
NT, have been penalised $26,460 by the Federal Circuit Court for
failing to comply with a Compliance Notice issued by the Fair Work
Ombudsman (30 April 2020).
More...
CFMMEU and official penalised over stop work at Glebe
apartment project
The Federal Court has today handed down penalties totaling
$193,000 against the CFMMEU and one of its organisers Anthony
Sloane after Mr Sloane stopped work on a Sydney construction site
in February 2018 over a one-hour pay claim (28 April 2020).
More...
Over $170,000 penalties for apprentice
underpayments
The Fair Work Ombudsman has secured penalties of $177,174
against a Queensland construction company and its director after
two young carpentry apprentices were underpaid $32,347 (27 April
2020).
More...
ABCC alleges CFMMEU officials repeatedly disrupt work at
Adelaide Airport site
The ABCC has filed Federal Court proceedings against the
CFMMEU and nine of its officials over several alleged
contraventions that occurred on the redevelopment site of Terminal
1 at Adelaide Airport in 2019 (21 April 2020).
More...
CFMMEU Tas assistant secretary hit with personal payment
order for latest breach
The Federal Court today ordered CFMMEU state assistant
secretary Richard Hassett personally pay a $10,000 penalty for the
latest in a series of right of entry breaches (21 April 2020).
More...
ABCC takes court action over alleged unlawful picket of
Perth building site
The ABCC has filed Federal Court proceedings against West
Australian company Tyrone Construction Services Pty Ltd and one of
its representatives over alleged unlawful pickets of the
Perth-based building site known as 'Skypark' on 27 June and
1 August 2019 (11 April 2020).
More...
CFMMEU officials allegedly breach right of entry at
Hobart Construction site
The ABCC has commenced Federal Court action alleging the
CFMMEU and two of its Tasmanian officials breached right of entry
laws during construction of serviced apartments in Hobart in 2019
(14 April 2020).
More...
Silo manufacturer penalised
The Fair Work Ombudsman has secured penalties totalling
$60,000 against a silo manufacturer for underpaying workers and
failing to produce employment records (09 April 2020).
More...
Long-haul transport business faces court
The Fair Work Ombudsman has commenced legal action in the
Federal Circuit Court against Sapphire Freighters Pty Ltd
(Sapphire Freighters), a long distance trucking
business transporting goods between Melbourne and Brisbane (30
March 2020).
More...
Published - reports, articles, speeches
ABCC Industry Update – April 2020 edition
The April edition of Industry Update features the latest
information from the ABCC in response to COVID-19: FAQs,
information on how to keep your worksite safe and more. More...
Department of Jobs and Small Business: Monthly Leading
Indicator of Employment April 2020
The Monthly Leading Indicator of Employment (the
Indicator) has fallen for the sixth consecutive month in April
2020, after two consecutive monthly rises (following trend
revisions) The reversal in the Indicator's recent monthly
movements stems from the global economic disruption, arising from
the worldwide COVID-19 epidemic.
More...
In practice and courts
FWC: 12 modern awards extensively
varied
The technical and drafting matters for the second tranche
of awards have been completed. The varied awards were published on
14 February 2020 and the first group commenced operation. To find
out which awards have been varied, and to access the new versions
of the awards, go to the
Modern awards list on the Commission's website (13 April
2029).
More...
FWC: 31 modern awards extensively varied
The modern awards will be varied in 3 tranches during
2020. The technical and drafting matters for the second tranche of
31 awards have been completed. The varied awards have been issued
and will commence operation on 13 April 2020 and 4 May 2020 for the
manufacturing section. Refer to the changes here
Modern awards list.
More...
New Government Consultations
Improving protections of employees' wages and
entitlements: further strengthening the civil compliance and
enforcement framework
The discussion paper outlining a range of reform options
had been released and submissions were now being sought from all
interested stakeholders to help inform any future policy changes.
Submissions can be made by email to IRconsultation@ag.gov.au. The
closing date for submissions is 3 April 2020.
More...
APH Senate Inquiry
Unlawful underpayment of employees' remuneration
Status: Accepting Submissions Date Referred: 13 November 2019
Submissions Reporting Date: 25 June 2020
Cases
Australian Building and Construction Commissioner v
Construction, Forestry, Maritime, Mining and Energy
Union [2020] FCA 549
INDUSTRIAL LAW – penalties – agreement as
to range – course of conduct – civil double jeopardy
– totality principle - Building and Construction Industry
(Improving Productivity) Act 2016 (Cth) ss 7, 46, 81, 83, 91, 417,
421; Fair Work Act 2009 (Cth) ss 500, 546, 556,
Fair Work Ombudsman v G.Q. Industries Pty Ltd &
Anor [2020] FCCA 928
INDUSTRIAL LAW – Imposition of pecuniary
penalties – no appearance on behalf of the respondents
– applicable principles – adverse action against
vulnerable employee – non-payment of wages and other
entitlements. - Fair Work Act 2009 (Cth), ss.44, 45, 340, 535, 550;
Federal Court of Australia Act 1976 (Cth), s.23; Federal Circuit
Court of Australia Act 1999 (Cth), s.15 -
(1) That within 28 days of this order, the First Respondent pay to the Commonwealth a pecuniary penalty in the amount of $147,645.00 pursuant to the provisions of section 546(1) of the FW Act.
Anstey v Mambourin Enterprises Ltd
(No.2) [2020] FCCA 907
INDUSTRIAL LAW – Penalty – failure to pay
annual leave loading on the applicant's fifth and sixth weeks
of annual leave each year contrary to the provisions of the
applicable award – no admissions – matter going to
trial – post-judgment contrition and corrective action
– previously unblemished record – single decision
leading to multiple breaches over six years.- Fair Work Act 2009,
ss.45, 546, 557
Pursuant to s. 546 of the Fair Work Act 2009 ("the Act"),
the respondent pay the applicant a penalty of $9,450 for the
respondent's breach of s.45 of the Act by breaching cl.31.3(a)
of the Social, Community, Home Care and Disability Services
Industry Award 2010 by failing to pay the applicant an annual leave
loading of 17.5%
Australian Building and Construction Commissioner v
Hassett [2020] FCA 498
INDUSTRIAL LAW – penalties –
contraventions of s 494(1) of the Fair Work Act 2009 (Cth) –
quantification of penalties for admitted breaches – personal
payment order
Crimes Act 1914 (Cth) s 4AA; Fair Work Act 2009 (Cth) ss 484,
494(1), 500, 512, 539(2), 546(2), 550, 793
Fair Work (Registered Organisations) Act 2009 (Cth) Ch 8 Pt 3
The first respondent pay to the Commonwealth of Australia a penalty
of $10,000 in respect of his contravention of section 494(1) on 16
January 2019.
The second respondent pay to the Commonwealth of Australia a
penalty of $50,000 in respect of its contravention of section
494(1) on 16 January 2019.
Harper v Tingmak Pty Ltd & Ors
[2020] FCCA 626
INDUSTRIAL LAW – Fair Work Proceedings –
contravention of s 340 of the Fair Work Act 2009 (Cth) –
where the applicant was employed as an Administrative Support
Worker for the respondents – where the applicant exercised
her workplace right pursuant to s 341 of the Fair Work Act 2009
(Cth) – failure to pay wages and superannuation entitlements
– whether respondents breached relevant acts and Awards in
regards to those underpayments – whether a penalty should be
imposed for alleged contraventions – penalty payable to the
applicant – application for summary judgment granted.
Construction, Forestry, Maritime, Mining & Energy
Union v BGC POS Pty Ltd & Anor (No.2)
[2020] FCCA 833
INDUSTRIAL LAW – Contravention of s.502 of the
Fair Work Act 2009 (Cth) – appropriate penalty –
factors for consideration – penalty in lower range
imposed.
Crimes Act 1914 (Cth), s.4AA
Fair Work Act 2009 (Cth), pt.3-4, ss.12, 480, 490, 492, 500, 501,
502, 539, 546, 793
(1) The first respondent pay to the applicant pecuniary penalties
fixed in the sum of $10,800 within 28 days of the date of these
orders.
(2) The second respondent pay to the applicant pecuniary penalties
fixed in the sum of $2,160 within 28 days of the date of these
orders.
Chevron Australia Pty Ltd v Construction, Forestry,
Maritime, Mining and Energy Union (No 3)
[2020] FCA 451
INDUSTRIAL LAW - contraventions of s 417(1) of Fair
Work Act 2009 (Cth) - union organised unlawful industrial action by
employees over two days - two contraventions - where same facts
founded each declaration of contravention - pecuniary penalty -
common law course of conduct principle - meaning of s 557(3) of the
Fair Work Act 2009 (Cth) - single penalty to avoid double
punishment - compensation - suspension of payment -
injunction
Fair Work Act 2009 (Cth) ss 3, 19, 27, 44, 45, 417, 545, 546, 557;
Fair Work (Registered Organisations) Act 2009 (Cth) s 79
The respondent pay to the applicant damages in the amount of
$3,000,000 (inclusive of GST and interest) in compensation for the
applicant's irrecoverable loss and damage suffered as a result
of the respondent's contravention of s 417 of the FW Act, as
described in Chevron Australia Pty Ltd v The Maritime Union of
Australia (No 2) [2016] FCA 768
O'Connor v Setka [2020] FCA
441
INDUSTRIAL LAW – Fair Work (Registered
Organisations) Act 2009 (Cth) – application under s 164 for
an order giving directions for the performance or observance of
union rules – where internal membership demarcation dispute
between divisions of the union involving proper construction of
union rules
UNION RULES – principles of construction – where rules
amended from time to time – where internal inconsistencies
and redundancies – whether rules to be construed by reference
to deleted provisions – where construing instruments by
reference to deleted words is unsafe guide to meaning
UNION RULES – where separate rules for the operation of
divisions and branches of the union – such rules are
subordinate to national rules
Fair Work (Registered Organisations) Act 2009 (Cth) ss 164,
164(3)
Fair Work Ombudsman v Lindsay F. Nelson Manufacturing
Pty Ltd (No.2) [2020] FCCA
718
INDUSTRIAL LAW – Application for declaration and
pecuniary penalties following liability hearing –
consideration of relevant matters – penalties imposed at
levels in between the positions contended for by the parties.
Fair Work Act 2009 (Cth), ss.44(1), 45, 92, 545, 550, 557,
712(3)
For the reasons that follow, I think penalties in the amounts of
$50,000 should be imposed upon the first respondent and $10,000 on
the second respondent. I am also persuaded that in this case it is
appropriate that there be declaratory relief as the applicant
seeks.
Legislation
Commonwealth
Regulations
Fair
Work Commission Amendment (Miscellaneous Measures) Rules 2020
24/04/2020 - This instrument amends the Fair Work
Commission Rules 2013.Part 3—Amendments to require
declarations rather than statutory declarations.
Fair
Work Amendment (Variation of Enterprise Agreements) Regulations
2020
16/04/2020 – These regulations
amend the Fair Work Regulations 2009 to temporarily shorten the
period that employees must have access to a copy of a proposed
variation of an enterprise agreement, and before which employees
must be notified of the details of the vote on the variation, from
seven calendar days to one calendar day.
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.