Employer Can Direct Employee to Attend Medical Examination

17 May 2017

A recent decision of the Full Court of the Federal Court of Australia has confirmed an employer’s right to direct employees to attend medical appointments. Grant v BHP Coal Pty Ltd was an appeal against a decision of a single member of the court that affirmed that the Fair Work Commission had not incorrectly dismissed Mr … Continued

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Employee a Casual Under the Enterprise Agreement but Not Under the Fair Work Act Court Finds

7 December 2016

The Federal Circuit Court has determined that although a fly in fly out (FIFO) worker was a casual employee under the enterprise agreement that covered his employment with a labour hire company, he was “other than a casual” for the purposes of the Fair Work Act 2009 and was therefore entitled to payment of accrued … Continued

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Union Official entering a Workplace to assist a Health and Safety Representative does not need Federal Right of Entry permit – Court finds

15 November 2016

On 3 November 2016, Justice Bromberg of the Federal Court dismissed an application for a declaration and penalties made by Fair Work Building and Construction (FWBC) against an organiser employed by the CFMEU. The organiser, who did not have a right of entry permit issued under the Fair Work Act (FW Act) and was therefore … Continued

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Union does not have rights to enter premises to hold meetings before or after work

18 July 2016

The Fair Work Act 2009 allows a union official to enter premises to hold discussions with members and employees eligible to be members “during mealtimes or other breaks.”  The official must give the occupier of the premises between 24 hours and 14 days written notice of his or her intention to enter the premises. In … Continued

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Ex Employee who falsified drug test result ordered to pay employer’s costs on indemnity basis

16 May 2016

An ex employee of Toll holdings who submitted a falsified drug test result in support of his unfair dismissal application has been ordered to pay his former employer’s costs of more than $18,000.00 In making the order that the ex-employee pay all of Toll’s legal costs and witness expenses, Deputy President Gostencnik found that the … Continued

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Fair Work Commission reinstates Aircraft Engineer who drove unregistered tow motor on public road

18 April 2016

A 60 year old Aircraft Engineer has won his job back after Jetstar terminated him for breaching ‘Cardinal Safety Rules’ at Avalon Airport in Victoria. The dismissed employee, Mr Gill had worked as a Licensed  Aircraft Maintenance Engineer for 30 years, the last four and half of which were for Jetstar. He had an exemplary employment … Continued

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Being Drunk at Work Christmas Party No Excuse Commission Finds

1 February 2016

An employee who threatened and threw a senior engineer into a swimming pool, and fought with his supervisor at his employer’s Christmas party has failed in his unfair dismissal application. The employee, a project Co-Ordinator, had been employed by Future Engineering and Communication (FEC) since 2008. At the Christmas party held at FECs premises on … Continued

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Amendments to the Fair Work Act come into force

14 December 2015

A number of amendments to the Fair Work Act came into effect on 27 November 2015. These amendments are those from the Federal Government’s Fair Work Amendment Bill that was passed by the Senate and the House of Representatives. Following passage of the Bill, employers will be able to take proposed Greenfields Enterprise Agreements to the … Continued

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SIGNIFICANT CHANGES TO NSW BUILDING DEFECT LEGISLATION

27 October 2015

The Home Building Amendment Act 2014 comprised of various amendments to the Home Building Act 1989. These changes commenced on 15 January 2015. There is no longer a distinction between structural and non-structural defects. There is now the two different categories of general defects and major defects. Under the Act, major defects will attract a … Continued

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DISPUTES WITH YOUR BUILDER OVER HOME BUILDING DEFECTS

27 October 2015

It is common for disputes to take place when you are in the process of building or renovating your home. These disputes may be minor or major. Major disputes often require the intervention of specialised building disputes lawyers in order for a resolution to be reached. Often the cause of these disputes are building defects … Continued

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RESOLVING DOMESTIC BUILDING DISPUTES

27 October 2015

In most Australian states there is a dedicated Act of Parliament that regulates all domestic building contracts. In New South Wales the Act is the Home Building Act 1989 (NSW). Further, these Acts generally refer the resolution of any building disputes to the relevant tribunal in that state. In New South Wales, most disputes with … Continued

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Security of Payment Changes Retention Money

27 April 2015

CTI Lawyers Alert – Building and Construction Industry Security of Payment Amendment On 1 May 2015, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (“the Amendment Regulation) will take effect. This is available on the NSW Government’s legislation website (www.legislation.nsw.gov.au). Click here for a copy of the Draft … Continued

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