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The FWC anti-bullying jurisdiction - the first 12 months
The Fair Work Commission has now released its latest report on the anti-bullying jurisdiction, completing a year of statistical information and interesting insights into the first 12 months of the new jurisdiction's operation. For the period 1 January 2014 to 31 December 2014, the Fair Work Commission received a total of 701 anti-bullying applications. Diagram 1 below, shows applications received per quarter for the first 12 months. Diagram 1 - Anti-bullying applications received per quarter 2014 Of those applications, 527 applications have been finalised with the following results: 149 applications withdrawn early in the case management process and prior to substantive proceedings (that is withdrawn with the case management team or with Panel Head); 90 applications withdrawn prior to proceedings (includes withdrawals prior to a listing, before a listing conference, hearing, mention or mediation); 154 applications ...
23 April 2015Wings clipped as phoenix rises from the ashes
A recent decision confirms the ability of the Court to sheet back liability against phoenix companies and their directors who seek to avoid their obligations to employees under workplace legislation. Background The employee commenced work with A1 Scaffolding Pty Ltd in 2005 as a scaffolder. The employee was continuously employed until 2013 by the following entities (in succession): A1 Scaffolding Pty Ltd; A1 Scaffolding (NSW) Pty Ltd; A1 Scaffold Pty Ltd; and A1 Scaffold Group Pty Ltd (A1). On each occasion the employee's employment was transferred to a new entity, it was due to the appointment of an administrator or liquidator to the prior entity. At no time during any of the transfers were the accrued entitlements of the employee, such as annual leave or long service leave, paid out to the employee or transferred to the new entity. In May 2013, the employee made an enquiry wi...
17 April 2015The label doesn’t stick - it's still a trading corporation
A recent High Court decision confirms that a state government legal entity cannot be removed from the reach of the Fair Work Act simply by declaring that it is not a body corporate.
Background
The Queensland Rail Transit Authority (the Authority) whose primary purpose is to supply labour to a related entity, Queensland Rail Limited (QRL) was established under the Queensland Rail Transit Authority Act 2013 (Qld) (the QRTA Act). The QRTA Act provides that the Authority is not a corporation. The intention of Queensland Parliament when drafting the QRTA Act was to remove Queensland rail employees from the operation of the Fair Work Act 2009 (Cth) (the FW Act).
Proceedings
The CEPU commenced proceedings seeking a determination that the Authority is a trading corporation within the meaning of section 51(xx) of the Australian Constitution (the