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Fair Work Commission reinforces 'one size does not fit all' when it comes to termination
A recent decision of the Fair Work Commission reinforces that employers must carefully consider all the circumstances surrounding a potential dismissal including adopting a fair process. Background The applicant had been engaged as a crane driver for the employer, Bechtel Construction (Australia) Pty Ltd (Bechtel) for about 2 years. The applicant had previously received a first and final warning for a matter unrelated to his dismissal. On the day in question, some of Bechtel's employees, who were CFMEU members, attended a stop work meeting during the morning 10.00am 'smoko'. That meeting went over time and as a consequence, employees attending the meeting undertook unlawful industrial action. The applicant did not attend the morning meeting. At 1.00pm that afternoon, a further stop work meeting occurred. The applicant attended this meeting 'out of curiosity', however the evidence was unclear as to exactly what time the applicant ...
19 June 2014Modern award transitional arrangements cease on 1 July 2014
With the implementation of the Fair Work Act 2009 and the commencement of modern awards on 1 January 2010, modern awards, minimum terms and conditions applicable to employees in the vast majority of Australian workplaces were set. As part of the modern award implementation, transitional arrangements were implemented which specify when particular parts of a modern award come into effect. The transitional arrangements dealt with the following: minimum wages and piecework rates; casual or part-time loadings; Saturday, Sunday, public holiday, evening or other penalties; and shift allowances/penalties. On the first full pay period on or after 1 July 2014, the transitional arrangements will cease as they will be fully phased in. From 1 July 2014 employers can simply look at the applicable modern award to determine the current minimum rate of pay and penalty rates for employees covered by a modern award. This will be muc...
29 May 2014Fair Work Commission hands down its first substantive decision on bullying
Commissioner Hampton, head of the Anti-bullying Panel of the Fair Work Commission recently handed down the Fair Work Commission's first substantive decision on bullying. The decision included a consideration of the term 'reasonable management action carried out in a reasonable manner', which if satisfied, is not considered to be bullying conduct. Background The applicant commenced employment as a Delivery Support Team Leader in mid June 2013. As part of her role, she supervised a team of Delivery Support Officers (DSOs). The applicant lodged a bullying complaint against two DSO's who directly reported to her. Those two DSO had previously made bullying complaints against the applicant. In August 2013, one of the DSO's made a complaint against the applicant alleging she was engaging in bullying against her. The employer investigated the DSO's complaint and found it to be unsubstantiated. The DSO who made this co...
22 May 2014