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Increase to penalties for breaches of the Fair Work Act
In accordance with its budget policy, the Government has increased the value of Commonwealth penalty units from $110 per unit to $170 per unit. This represents the first penalty unit increase since 1997. This means that penalties for breaches of the Fair Work Act 2009 (Cth) have increased. As a result, the maximum penalty per breach that may apply against a corporation has increased from $33,000 to $51,000, and for individuals from $6,600 to $10,200. The new penalty unit value will only apply to breaches that occur on or after 28 December 2012. This means that the prior penalty unit value of $110, will continue to apply to proceedings which were commenced prior to 28 December 2012 or offences committed prior to 28 December 2012. Under the legislation, penalty unit values will be reviewed every three years. If you would like more information about increases in penalties or the application of penalties generally, please contact National Workplace Lawyers on +61 2 ...
1 February 2013Road Safety Remuneration Tribunal update
Introduction Further to our prior articles regarding the Road Safety Remuneration Tribunal [click here] and [here] to view, the Road Safety Remuneration Act 2012 (Cth) (the RSR Act) and the Road Safety Remuneration Tribunal (the Tribunal) commenced on 1 July 2012. The following article recaps the main aspects of the RSR Act, the Tribunal and its annual work program. Objects The object of the RSR Act is to promote safety and fairness in the road transport industry. The Tribunal's role in this area primarily relates to addressing the relationship between remuneration and safety in the industry by, amongst other things: ensuring that road transport drivers do not have remuneration-related incentives to work in an unsafe manner; and removing remuneration-related incentives, pressures and practices that contribute to unsafe work practices. Functions The fu...
17 December 2012Bullying and Dishonesty - Valid Reasons for Dismissal
Background In August this year we successfully represented Patrick Port Logistics Pty Ltd in an unfair dismissal claim brought by Phillip Slater (Mr Phillip Slater v Patrick Port Logistics Pty Ltd [2012] FWA 7204). At the time of his dismissal Mr Slater had been employed by the Company as a driver for about 6 years and was the Transport Workers' Union Co-Delegate on site. Mr Slater's employment was dismissed for inappropriate and abusive behaviour towards another employee and dishonesty during the investigation into his conduct. The inappropriate and abusive conduct by Mr Slater included raising his voice, pointing at another employee and swearing at the employee. Mr Slater denied the conduct throughout the Company's investigation into it and before Fair Work Australia, despite there having been 3 witnesses to the conduct. Mr Slater had been warned about similar conduct in the past. Observations and findings In t...
13 December 2012