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FWC Annual Report 2014-15
The Fair Work Commission (FWC) published its 2014-15 Annual Report (the Report) on 28 October 2015. There are a number of noteworthy points from the Report: Since August 2015, s.365 general protections applications started being conducted by conciliators in a telephone conference, like unfair dismissal conciliations, instead of conferences conducted by members in person. This previously only applied to matters lodged in QLD, WA and ACT. The Agreements Pilot will be expanded to more include agreements. This involves a triage process where an administrative team undertakes the preliminary analysis of enterprise agreement approval applications before sending the application with a report to a member for decision. This currently applies to all applications in WA, TAS and ACT and applications in the building and construction industry in VIC. There were 1,743,653 unique visits to the FWC website which is a 15.5% increase from the...
5 November 2015Officer's duties and WHS - how far does the ripple extend?
Who is liable as an "officer" has been the subject of some contention under the harmonised Workplace Health and Safety (the WHS) legislation which currently operates in all states and territories other than Victoria and Western Australia. A recent decision of the ACT Industrial Court provides some welcome guidance on this question. Background Munir Al-Hasani was engaged by Kenoss Contractors Pty Ltd (Kenoss) as its Project Manager and managed a number of projects for Kenoss. On one particular project, Kenoss had two available sites for the storage of material to assist it in undertaking nearby road resurfacing works, however one of those sites, the Boldrewood Street site, had been identified as unsuitable for use due to low hanging electrical wires. Although fenced and signposted the Boldrewood Street site was unlocked. A truck driver engaged by a contractor to Kenoss made a delivery to the Boldrewood Street site despite being directed ...
16 October 2015Unreasonable conduct by employer proves costly
In matters before the Fair Work Commission (the Commission), the standard rule is that each party bears their own costs. However where: an application is made vexatiously or without reasonable cause; or the application has no reasonable prospects of success; or a party has caused costs to be incurred due to an unreasonable act or omission in the conduct or continuation of a matter, the Commission may make order for costs. Further, if an employer unreasonably defends an unfair dismissal (or other) claim, the employer may be at risk of a costs order being made against them, as outlined in the case summary below. Background David Johnston (the Employee) was engaged by Macquarie Technology Group International (MTGI). The Employee's employment was terminated by MTGI in about January 2014 for allegedly abandoning his employment while on personal leave to care for his four children after the premature birth of his fifth child. ...
22 September 2015