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No appetite for unpaid work experience
The Court recently imposed severe penalties on an employer who exploited employees by treating them as unpaid interns or volunteers. Background The employer, Crocmedia Pty Ltd (Crocmedia) develops radio and television programs. Two university students were initially engaged on unpaid work experience for around three weeks and thereafter continued working as interns/volunteers. One employee undertook work on this basis for one year, the other for 6 months. During the intern/volunteer period, the employees worked as producers in various radio programs, predominately on a program entitled "All Night Appetite". The employees main shifts were midnight to 6.00am. However, they also worked additional shifts where required. The employees agreed to undertake the work for free in an effort to gain experience and to 'get established in the industry'. Crocmedia described the employees as 'volunteers' and paid them vary...
1 April 2015Annual leave loading - the beneficial view prevails…
The Federal Court has found that untaken benefits payable during employment such as annual leave loading are to be paid when the employment is terminated. The case before the Federal Court The main issue before the Federal Court was whether accrued but untaken annual leave when paid on termination of employment, attracted annual leave loading, or alternatively, rostered overtime, shift and weekend penalty payments, as it did when annual leave payments were made when annual leave was actually taken during employment. Background to the case Traditionally, annual leave loading has not generally been payable on termination of employment. The Fair Work Act 2009 (the Act) provides that: a. where an employee takes a period of paid annual leave, the employee must be paid at their base rate of pay for their ordinary hours of work in the period; and b. when the employment of an employee ends, a...
12 March 2015New rules for the construction of enterprise agreements
Recently, a Full Bench of the Fair Work Commission (the Commission) found that the Acts Interpretation Act 1901 (Cth) (the AI Act) is not relevant to the construction of enterprise agreements approved under the Fair Work Act 2009 (Cth) (the FW Act). Background The union requested the Commission arbitrate a dispute following an alteration to the working hours' arrangement initiated by Golden Cockerel Pty Ltd under the Golden Cockerel Certified Workplace Agreement 2012 (the Agreement) as a result of changes made to distribution processes of its major client. Decision at first instance At first instance, Senior Deputy President Richards found that Golden Cockerel Pty Ltd could alter the working hours' arrangement for the employees concerned under the Agreement, including that Golden Cockerel Pty Ltd: was entitle...
12 February 2015