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Results: 1-10 of 16

Workplace investigations: what do you need to know?
  • Norton Rose Fulbright LLP
  • Australia
  • June 25 2009

Recent decisions by the various industrial commissions and the courts indicate that employers will need to meet a higher standard when relying on findings from workplace investigations which result in termination of employment or damage to the employee


Enterprise update: full court dismisses JJ Richards appeal
  • Norton Rose Fulbright LLP
  • Australia
  • May 18 2012

In J.J. Richards & Sons Pty Ltd and Australian Mines and Metals Association Inc. v Fair Work Australian and Transport Workers’ Union of Australia 2012 FCAFC 53 (20 April 2012), the Full Court of the Federal Court (Full Court) dismissed the appeal against the decision of a Full Bench of Fair Work Australia (FWA) that a union (on behalf of employees) can be ‘genuinely trying to reach agreement’ even where an employer refuses to bargain, without the need to obtain a majority support determination


Employer wins unfair dismissal costs appeal against applicant and representative
  • Norton Rose Fulbright LLP
  • Australia
  • July 17 2009

JimRoy Pty Ltd (JimRoy) was successful on Wednesday when the full bench of the AIRC confirmed that an applicant, and her representative, Gary Dircks (Dircks), were jointly and severably liable to pay the former employer’s party-party costs as a result of their unreasonable conduct in an unfair dismissal claim against JimRoy


Fair Work Australia resolves dispute clause confusion in enterprise agreements
  • Norton Rose Fulbright LLP
  • Australia
  • February 26 2010

The Full Bench of Fair Work Australia (FWA) has resolved confusion about dispute settlement clauses in enterprise agreements made under the Fair Work Act (FW Act) by overturning a previous decision that dispute clauses must contain access to arbitration


New adverse action decisions provide clarity to employers
  • Norton Rose Fulbright LLP
  • Australia
  • June 28 2010

Two recent adverse action decisions provide clarity to employers about the operation of the new types of claims available under the Fair Work Act 2009 (the Act


Is a cafe scuffle in the course of employment?
  • Norton Rose Fulbright Australia
  • Australia
  • August 18 2012

The decision last week by the Administrative Appeals Tribunal (AAT) in Ralser and Comcare 2012 AATA 510 (3 August 2012) arose from an incident between two work colleagues employed by the Australian Taxation Office (ATO


Is a café scuffle in the course of employment?
  • Norton Rose Fulbright Australia
  • Australia
  • October 12 2012

The decision by the Administrative Appeals Tribunal (Tribunal) in Ralser and Comcare 2012 AATA 510 (3 August 2012) arose from an incident between two work colleagues employed by the Australian Taxation Office (ATO


First General Protections case decided lessons for employers
  • Norton Rose Fulbright LLP
  • Australia
  • April 16 2010

The Federal Court has provided some comfort to concerned employers regarding the scope of the new adverse action provisions in the Fair Work Act 2009 (Act


Casual employees and the minimum employment period
  • Norton Rose Fulbright LLP
  • Australia
  • September 24 2010

The Full Bench of Fair Work Australia has held that a 3-month absence from the workplace did not prevent a casual employee from making an unfair dismissal claim, because he had already served the minimum employment period required under the Fair Work Act 2009 (Cth) (FW Act


Fair Work Australia confirms legitimacy of set-off clauses
  • Norton Rose Fulbright LLP
  • Australia
  • March 22 2010

In a decision with important implications for employers, the Full Bench of Fair Work Australia (FWA) recently confirmed that the use of set-off clauses in contracts of employment is not inconsistent with modern awards