This week the Senate has passed a number of amendments to the Fair Work Act 2009. While the amendments are significant, not all changes put to the Senate in early 2014 have gained the support from the government cross-benchers.

In a decision of the FWC handed down this week, Fair Work Commissioner Bissett decided that an employee who had been dismissed for a breach of his employer’s zero tolerance drug and alcohol policy was unfairly dismissed, because of reliance placed by the employer on an previous “first and final” warning which was found not to be warranted.

Today, the Productivity Commission released a draft report on its once in a generation review of the Australian workplace relations framework (see related article - Productivity Commission to Conduct Generational Review of Industrial Relations Laws).

The draft report outlines the key issues identified so far during the inquiry, discusses some of the draft recommendations and findings of the Productivity Commission, and invites feedback and comment from stakeholders on a variety of issues.

The Federal Court has set aside a previous decision of the Fair Work Commission (FWC) which approved the Swinburne University of Technology's 2014 enterprise agreement, due to the inclusion of ineligible casual or sessional employees in the voting process for the agreement. 

In a recent case in the Federal Circuit Court an employer; Corrective Services New South Wales, was ordered to pay a former probation and parole officer employed by it the sum of $180,000 plus interest as a result of discriminatory treatment of her.  The employee suffered from Crohn’s Disease and took sick leave on a number of occasions.

The start of the 2015/16 financial year brings into effect new minimum pay rates and thresholds.

In its latest policy change on paid parental leave, the Coalition Government has proposed to remove parents' ability to "double dip" paid parental leave entitlements from 1 July 2016 in a bid to save almost $1 billion dollars over four years.

According to the latest budget handed down on Tuesday night from Treasurer Joe Hockey, penalty units (ie. fines) for breaching federal laws are set to rise from $170.00 to $180.00 (per unit) from 31 July 2015.

A truck delivery driver whose employment was terminated after he worked for his employer’s customer during his annual leave has been awarded $12,864 compensation after the Fair Work Commission (Commission) found his dismissal was harsh, unjust and unreasonable

In December 2014, the Australian Government asked the Productivity Commission to undertake a broad enquiry into Australia's workplace relations framework and make recommendations about how current laws can be improved to maximise outcomes for Australian employers, employees and the economy.

The Full Bench of the Fair Work Commission has handed down an important interpretive decision concerning when a worker is bullied “at work”, for the purposes of the workplace bullying provisions under the Fair Work Act 2009 (the Act).

Modern awards commenced on 1 January 2010.  All modern awards contained similar transitional provisions which allowed modern awards to phase in over a period of five years.

The end of 2014 is fast approaching and as we don our dancing shoes and toast to the successes of the year that was, it is important for employers to remain mindful of the legal and HR risks that work parties can pose. 

On 27 October 2014 the Coroner’s Court of Victoria delivered its finding into the inquest on the death of Kyle Vassil.  The deceased was a 12 year old student who, on day one of a school camp, drowned in a dam a few meters from shore. 

“If you’re contracting out, and the price seems too good to be true, someone’s probably getting ripped off. And if it turns out to be the workers, and it turns out you half knew that, then you are in danger yourself of having been involved in a contravention”

The High Court of Australia has handed down its second significant decision on the interpretation of the adverse action provisions in the Fair Work Act 2009 (the Act).  Readers will recall the High Court’s 2012 decision in the Board of Bendigo Regional Institute of Technical and Further Education v Barclay which provided employers with guidance on what must be established to defend a claim that adverse action had been taken against an employee for a prohibited reason.  

In a decision handed down by the Fair Work Commission this week, a Victorian water authority was found to have contravened the "no extra claims" clause in its enterprise agreement by changing a vehicle policy which had provided some employees with limited private use of work vehicles.

The High Court has handed down its decision in the landmark case of Commonwealth Bank of Australia v Barker today, determining that there is no common law term of mutual trust and confidence implied into contracts of employment in Australia.  

A recent decision by the Federal Circuit Court is a reminder to employers of the need to be careful when considering dismissal of employees who have been absent from work due to illness for an extended period of time. 

In its most recent newsletter the Law Council of Australia argued against the Federal Government’s proposal to create an independent appeal jurisdiction for the Fair Work Commission.