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Workplace Relations
Our experienced Workplace Relations legal team regularly
publishes articles and updates - the full list of publications appears below.
Read up on the challenges, changes and complex legislation now governing the
modern workplace. If you'd like to be notified when we add new workplace
relations publications to the site, please go to our
subscription page to sign up for email alerts or,
alternatively, you can subscribe to our RSS feed.
Read about Allens Arthur Robinson's team track record in workplace
relations.
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We look at directions to undergo medical examinations; right of entry for unions; suspending employees; the Fair Pay Commission's wage-setting decision and a new remuneration cap for unfair dismissals |
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We look at National Employment Standards; an employer's obligation to re-employ injured workers; the evidence of reasons for dismissal; implied term of mutual trust and confidence; and the six-month rule in a transmission of business |
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We look at discrimination and an imputed disability; unlawful work stoppages; the implication of an entitlement to redundancy; protected action ballots; and who is responsible for workplace safety |
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We report on union threats to disrupt work amounting to coercion; post-termination evidence justifying termination; Victorian legislation that will increase protection against discrimination for family responsibilities; and the need to consider alternatives for injured workers. |
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We look at restrictions on industrial action orders; use and misuse of right-of-entry permits; challenging medical certificates; and false and misleading statements about union membership. |
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The Rudd Government has completed the first phase of its labour reforms, with the Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 (Cth) receiving Royal Assent on 25 March 2008. Partner Peter Arthur and Senior Associate Veronica Siow outline the key features of the new legislation |
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We look at summary dismissal for dishonesty; an employer's responsibility for bullying; the implied duty of good faith and mutual trust and confidence; and a personal services business determination under the results test |
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The new Federal Government has taken its first steps in reforming our national workplace relations laws. Senior Associates Luke Gattuso and Joanna Musk report |
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In this issue we look at a case in which an employer was held vicariously liable for a serious assault on an employee by a co-worker; a new Act regulating wage deductions; the Federal Government's proposed reforms to occupational health and safety and workers' compensation; and exemptions from equal opportunity obligations |
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We look at pattern bargaining; whether a redundancy policy forms part of an employment contract; summary dismissals; and the vicarious liability of an employer for the actions of its employees |
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We look at considerations in determining whether an employer is a constitutional corporation; a breach of an employee's duty of fidelity justifying dismissal; whether an agreement can be made void by misleading information; and certain employers' obligations under anti-money laundering and counter-terrorism financing legislation |
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We report on the Australian Labor Party's workplace relations policy; the Federal Court's reprimand of the Commonwealth regarding annual and flexitime leave to attend an anti-WorkChoices protest; post-employment restraints; and successful appeal in a 'genuine operational reasons' application |
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In this issue we look at how company policies can form part of an employment contract; the genuine operational reasons exemption to unfair dismissal laws; and the meaning of 'ordinary hours' when determining compensation paid in lieu of notice |
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We report on an employer's liability for an employee's theft; a minimum wage increase; the new fairness test; 'award derived conditions'; and a revised remuneration cap |
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From 20 July 2007, employers must provide employees with a copy of the Workplace Relations Fact Sheet issued by the new Workplace Authority (within seven days for new employees, and by 20 October 2007 for existing employees). Senior Associate Joanna Musk reports |
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In this issue we report on unfair dismissal exclusions; the Federal Court's consideration of the meaning of accessorial liability; and amendments introducing a new basis for unlawful discrimination complaints in Victoria |
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New tax rules for 'employment termination payments' (formerly 'eligible termination payments') take effect from 1 July 2007. Senior Associates Gaibrielle Germanos and Veronica Siow report |
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In this issue: we look at the WorkChoices 'fairness test'; the Australian Labor Party's industrial relations policy; whether options for industrial action are allowable in secret ballots; and protected action ballots in support of multi-union agreements. |
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We look at the recent Federal Court decision to shut down the Tristar enquiry; the validity of the Comcare scheme; deficient notices of industrial action; and the requirement of employers to prove reasons in unlawful termination claims |
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We look at AWAs and duress; prejudicial organisational changes; bonus payments as remuneration in unfair dismissal claims; excluding state long-service leave laws under federal agreements; and industrial action taken because of safety concerns. |
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Penalties for a breach of the Workplace Health and Safety Act 1995 (Qld) that results in fatality are on the increase following a recent decision of the Queensland Industrial Court, in which it imposed an $80,000 fine on a school. Senior Associate Simon Dewberry and Lawyer Stacey Van der Meulen report |
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In this issue we examine a landmark NSW Supreme Court decision on implied duties; complaint-handling procedures; the AIRC's powers in relation to union rights of entry; what is required to prove sex discrimination; and probationary and qualifying periods on a transmission of business |
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We look at 'operational requirements' and unfair dismissal claims, directors' obligations for safety breaches, whether workers' compensation is regarded as paid sick leave in claims for unlawful termination, and the legitimacy of terminating a certified agreement as a bargaining strategy |
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An offer of employment in a redundancy situation need not be on identical terms for it to be considered 'acceptable alternative employment'. However, it needs to be substantially similar and no less favourable than the terms and conditions which applied at the time of redundancy. Partner Jamie Wells and Lawyer Fiona McPhee report on the approach of the Australian Industrial Relations Commission to the Feltex Australia administration |
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We report on ramifications for employers when dismissing union officials, public interest considerations in terminating workplace agreements and whether non-profit organisations constitute trading corporations for the purposes of WorkChoices |
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The appeal to the High Court arising out of the Full Federal Court decision in Arms v Houghton [2006] FCAFC 46 is challenging the notion that where an employee engages in misleading or deceptive conduct in the course of their employment, the employee can in certain circumstances be held personally liable and cannot hide behind the corporate veil. Partner Steve Clifford and Articled Clerk Chris Carr discuss the Full Federal Court decision, the appeal and the possible implications of this case |
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We report on developments with the WorkChoices legislation over the past 24 hours, which has included the result today of the High Court challenge, and proposed changes to the legislation released by the Federal Government |
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We report on restraints against employees accepting unsolicited instructions from clients of former employers, how protected action and side agreements containing prohibited content can go together, protected action supporting claims to guarantee employee entitlements and how contractual rights to entitlements and protections from industrial instruments may be incorporated into an employment agreement |
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We report on what is required to show a termination was for a genuine operational reason, the incentives to self-insure for multi-state employers and a case highlighting differences in upstream OHS obligations |
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Workplace Relations Minister Kevin Andrews today announced changes to the Workplace Relations Regulations 2006, extending the deadline for employers to meet the new WorkChoices record-keeping obligations |
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Following the introduction of WorkChoices, the West Australian State Government has made a number of significant changes to the state's workplace relations regime. Senior Associate Rowan Kelly reports on some of these changes |
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We report on the new WorkChoices rules requiring ballots before protected action, additional liabilities for workplace accidents, state industrial laws post-WorkChoices and occupational health & safety reforms |
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We look at a recent Federal Court decision regarding AWAs and duress, the extension of damages on termination, policies forming part of an employment contract, unfair dismissal and genuine operational reasons, and the Independent Contractors Bill |
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We look at whether an employer can be held responsible for the negligent actions of an independent contractor, suppression orders in sexual harassment matters, strict liability for OH&S, orders for specific performance, and when an employer's general obligation to safety is not absolute |
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