11-20 of 229 results

Queensland site access requirement lawful and reasonable
Insight 07 Mar 2022

In a decision following the Mt Arthur Coal case, the Fair Work Commission (the FWC) has decided that a vaccination site access requirement for BHP's coal mines in Queensland was a lawful and reasonable direction, having regard to privacy laws and the right to bodily integrity. ...

High Court holds contract is king in deciding employee–contractor relationship
Insight 17 Feb 2022

In its first two judgments of 2022, the High Court has provided welcome clarification in the independent contractor vs employee debate, by redirecting the test back towards the interpretation of the terms of the employment contract and away from a multi-factorial analysis of post-contractual conduct ...

Dismissal of unvaccinated retirement village worker upheld
Insight 31 Jan 2022

The Fair Work Commission (FWC) has upheld the dismissal of a Maintenance Manager at a retirement village, finding that he was incapable of performing the inherent requirements of his job because he was not vaccinated against COVID-19. ...

First FWC decision in its new 'stop sexual-harassment' jurisdiction
Insight 31 Jan 2022

The Fair Work Commission (FWC) has issued its first decision in the anti-sexual-harassment jurisdiction that was introduced last year. The FWC dismissed the application after finding that the parties no longer worked in the same location and there was therefore no risk of interaction that could give ...

Industrial manslaughter laws around Australia
Insight 31 Jan 2022

The following map sets out the status of industrial manslaughter laws in each Australian jurisdiction. ...

Refusal of WFH flexible work arrangement upheld
Insight 31 Jan 2022

The Queensland Industrial Relations Commission (Commission) has upheld Queensland Health's decision to refuse an employee's request for a flexible working arrangement (FWA) to work remotely from another state, finding it was fair and reasonable for the employer to deny the request. ...

Creating reputational risk for an employer may be a valid reason for dismissal
Insight 31 Jan 2022

On 20 September 2021 Mr Omar Chebbo, a mobile crane operator employed by Major Crane Logistics Pty Ltd (Company) attended an anti-vaccine mandate rally in Melbourne. The protest was attended by almost 2000 individuals who became violent, throwing rocks and bottles at police and damaging the CFMEU's ...

BHP vaccination mandate reintroduced
Insight 21 Dec 2021

The Fair Work Commission has issued a Statement outlining the steps taken by BHP's Mt Arthur Coal to further consult with employees about a requirement that they be fully vaccinated to access the site. ...

Summary of the Religious Discrimination Bill
Insight 21 Dec 2021

The Australian Government has introduced its package of legislation on religious discrimination. The controversial package includes the Religious Discrimination Bill 2021, Religious Discrimination (Consequential Amendments) Bill 2021 and the Human Rights Legislation Amendment (Freedom of Religious) ...

Fair Work Commission orders reinstatement of unfairly dismissed employee
Insight 21 Dec 2021

The Full Bench of the Fair Work Commission has overturned a decision to award compensation to an employee who had been unfairly dismissed, instead finding that reinstatement of the employee was an appropriate remedy. ...