Workplace Relations Publications
2010
September 2010
Is it fair to dismiss for failed rehabilitation?
Those employers who take their workers compensation rehabilitation obligations seriously often wonder if it’s fair to dismiss a worker after failed rehabilitation. But how much rehabilitation is enough? What about suitable duties? Reasonable adjustment?
August 2010
Workplace rights: what we've learnt to date
Some of the most talked about new provisions in the Fair Work Act 2009 are the "workplace rights" protections. It is hoped that these provisions will protect employees from any adverse action of their employer against their workplace rights. In this bulletin we explain what are workplace rights and what can't an employer do.
July 2010
A Year In Review: Good Faith Bargaining
It has now been a year since the good faith bargaining provisions in the Federal Fair Work Act 2009 commenced operation. For the most part, employers, employees and unions have embraced the obligation of good faith bargaining and successfully negotiated enterprise agreements at the workplace. In this bulletin we examine the development of the law concerning good faith bargaining.
February 2010
Is there an absolute obligation to guarantee safety?
On 3 February 2010 the High Court of Australia overturned 27 years of jurisprudence about an employer’s general duty to ensure safety. In this bulletin we review the case, (Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1) which resulted in the High Court opting for a more workable interpretation of the general duty.
2009
September 2009
Ensuring you have the correct employment contract
In this bulletin we review a recent Court of Appeal decision which demonstrates the importance for employers to manage their employment contracts. This will be even more important once the full operation of the Fair Work Act 2009 commences on 1 January 2010.
September 2009
Modern Awards or Modern Headache?
On 2 September 2009 one of the final jigsaw pieces in the new Fair Work system was revealed by the Australian Industrial Relations Commission: how employers and employees will transition to their new Modern Awards. In this bulletin we review the key features of the Awards and how they will be phased in over the next five years.
July 2009
Fair Work Act 2009 comes into force
The Fair Work Act 2009 has now come into force (as of 1 July 2009) and is the centrepiece of the Labor Government’s Forward With Fairness workplace reforms. Not all of the new laws take effect on 1 July. In this bulletin we look at the major changes and summarise the key dates for employers going forward.
February 2009
Reflecting on Forward with Fairness
Labor’s new workplace relations system is at our doorstep. The Fair Work Bill 2008 was introduced to Parliament on 25 November 2008 and is expected to be passed in March 2009. On 19 December, the Australian Industrial Relations Commission issued the first tranche of 17 new modern awards to replace more than 500 awards. In this bulletin we examine the developments and identify some matters that need to be considered by employers.
2008
November 2008
Deputy Prime Minister Announces New Workplace Laws
At the Australian Labour Law Conference in Melbourne on 14 November 2008, Deputy Prime Minister Julia Gillard announced further detail of the impending workplace laws, Forward with Fairness. Bartier Perry's Workplace Relations Team was there for the announcement. This bulletin summarises the key announcements that will affect your business and employment relationships.
August 2008
Managers acquitted
In this bulletin we review a recent case in which the Industrial Court of NSW dismissed OH&S charges brought against a director and a manager of a corporation.
July 2008
And then there were 10 .....
In this bulletin we review the ten National Employment Standards (NES) announced last month that will apply to all workers come 1 January 2010.
2007
November 2007
Forward with Fairness - but where to?
In this bulletin we provide an overview of what the recent change in the Federal Government will mean in terms of workplace relations.
August 2007
Employers, lock up your secrets!
To monitor the misuse of confidential information by employees and ex-employees, businesses need well drafted confidentiality agreements supported by effective restraint clauses. In this bulletin we review a recent case which demonstrates why relying on the implied duty of good faith and fidelity is no longer sufficient protection to prevent an ex-employee misusing commercially sensitive information.
July 2007
Stop Press - More documents, more dollars
The long awaited Workplace Relations Fact Sheet has now arrived and from 1 October 2007 minimum wage rates are increased. In this Bulletin we review what information is available about the Fact Sheet.
June 2007
Testing times for W_ _ K C _ _ _ _ _ S
Work Choices has now been replaced by "A Stronger Safety Net" the term contained in the Workplace Relations Amendment (A Stronger Safety Net) Bill 2007 which was tabled in Federal Parliament on Monday 28 May 2007. Work Choices simply provided too many testing problems for the Government. This bulletin examines the implications of the Bill with its introduction of a "Fairness Test" for AWAs and collective agreements lodged after 7 May 2007.
March 2007
Independent contractors now more dependent
On 1 March 2007 the new Federal Independent Contractors Act came into operation, continuing the Federal Government’s clean sweep of workplace relations. In this Bulletin we review what makes a contractor, who is covered by the new legislation and discuss the importance of the contract when engaging contractors.
February 2007
New Year, new workplace laws
2007 begins with some new workplace laws, some answers, and some solutions in the transition to Work Choices. In this Bulletin we review some of the recent changes.
2006
December 2006
Celebrations turned sour
Last year we tested you with a light hearted quiz on some potential problems arising from the annual staff party. As the festive season is fast approaching we thought it might be helpful to revisit this area and in this bulletin we set out a scenario which illustrates the liabilities that may arise from a seemingly harmless staff celebration.
November 2006
High Court gives Work Choices 10 out of 10
After a hard fought six day hearing in May the High Court has just handed down its decision on the most important Constitutional case in decades.
October 2006
Paper work, paper work and more damn paper work
In this bulletin we outline the importance of record keeping in order to meet obligations under Work Choices.
August 2006
The million dollar contract?
In this bulletin we look at two recent decisions of the Federal Court of Australia which illustrate the importance of the contract of employment to assessing entitlements on termination. Poorly drafted contracts (and promises of pleasurable employment) can now expose employers to damages claims well in excess of the stipulated notice period.
July 2006
Unfair dismissals: fire at will?
Since the introduction of WorkChoices, the Australian Industrial Relations Commission has started to hear cases that raise the application of the new laws. In this bulletin we discuss the changes to unfair dismissal laws and look at some recent cases.
July 2006
The hidden health and safety costs of casual employment
As part of our commitment to assist clients understand and adequately respond to OH&S risks, Bartier Perry recently sponsored a short term research project at the University of New South Wales into the hidden health and safety costs of casual employment. In this bulletin we summarise the findings and key recommendations of the project.
March 2006
WORK CHOICES: starts Monday 27 March 2006 - ready or not?
On 19 March 2006 the Federal Government finally announced that Work Choices will commence on Monday 27 March 2006 and released the much awaited Workplace Relations Regulations 2006. In this bulletin we review what will happen to existing claims and what constitutes
"prohibited content" for workplace agreements and transitional instruments.
February 2006
WORK CHOICES: The resurrection of the contract of employment
In this third in our series of Bulletins on the new Work Choices legislation we review the impact of the legislation on existing and future contracts with workers.
February 2006
WORK CHOICES: what changes and when?
The federal government’s Workplace Relations Amendment (Work Choices) Act 2005 creates a new workplace relations system for all corporations. In this bulletin we review what will happen to existing state awards, state agreements, federal awards, certified agreements and AWAs.
2005
December 2005
WORK CHOICES: what's it all about?
On 7 December 2005 the Federal Government passed the Workplace Relations Amendment (Work Choices) Bill 2005 which is expected to commence in March 2006. In this bulletin we summarise the key points for businesses, employees, unions and industrial practitioners.
October 2005
Workplace Computer Surveillance – A service for Bartier Perry clients
Do you have a computer use policy?
Do you have a computer surveillance policy?
Do you have an email and internet blocking policy?
If not, read on for further information on how to obtain a suite of policies to assist in meeting the requirements of the new legislation.
October 2005
Workplace Reform Stage One: the Building and Construction Industry Improvement Act 2005
The first cab off the rank in the Federal Government’s reform of workplace relations is the building industry. On 12 September 2005 the Building and Construction Industry Improvement Act 2005 ("the BCII Act") commenced operation, though some provisions relating to unlawful industrial action and strike pay are taken to have commenced on 9 March 2005. In this bulletin we review some of the key elements of the new Act.
September 2005
The new Workplace Surveillance Act 2005 - Are you ready?
The State Government has decided to extend workplace surveillance restrictions through the introduction of the Workplace Surveillance Act 2005. On 16 September the Act was proclaimed to commence on 7 October 2005. This bulletin provides an outline of the main points and questions the enforceability of aspects of the legislation.
September 2005
Open all hours for business
In this bulletin we review recent decisions which highlight that an employer is liable for an employee’s conduct outside of working hours where there is some connection with the employer’s business.
August 2005
Choice of Fund - Early Issues
On 1 July 2005 Choice of Fund began. Employers are now obliged to offer their employees a choice of superannuation funds except where present arrangements are taken to be already complying with Choice of Fund. Apart from the extra paperwork the scheme need not be a burden. However a few of our clients have asked some tricky questions and we thought it would be valuable if we looked at some of the "devil in the detail".
May 2005
One step closer to workplace death laws in NSW
On 5 May 2005, the NSW Minister for Commerce released the Occupational Health and Safety Amendment (Workplace Deaths) Bill 2005 for consultation. In this bulletin we comment on what this Bill will mean for NSW if it is passed and it becomes law.
April 2005
Aussie Home Loans Limited v X Inc Services [2005] NSW SC 285 – Open season on poaching?
Bartier Perry acted for the former employees of Aussie Home Loans in this first case in Australia to consider the validity of a non-poaching clause designed to stop ex-employees “soliciting” their former employer’s contractors and employees.
April 2005
The dust settles on Electrolux?
In this bulletin we summarise the fall out of the Electrolux decision and examine recent decisions of the Australian Industrial Relations Commission and the Federal Court.
April 2005
OH&S ... some current issues
With World Safety Day on 28 April 2005, this bulletin summarises some recent occupational health and safety decisions as well as outlines some issues confronting workplace safety this year.
March 2005
High Court Decisions
On Wednesday 9 March the High Court handed down two long awaited decisions concerning redundancy and transmission of business. We’re still assessing the decisions but, as always, the High Court’s clarifications of the legal positions are of great benefit. Both of these cases will have significant impacts on the industrial landscape. The following is a brief summary.
2004
December 2004
Our essential end of year quiz for a memorable party
Ahead of the festive season and the rounds of client and staff parties, you may want to spend some time answering our short light hearted end of year quiz.
November 2004
Increasing working hours and the risk of prosecution
In this bulletin we examine some of the risks for employers in allowing or requiring staff to regularly work long hours.
October 2004
Bullying in the workplace: A Bartier Perry Paper
As workplace bullying receives increasing attention Bartier Perry examines the difficult area of determining what is bullying and what exposure an employer faces by choosing to ignore bullying rather than tackle it head on.
October 2004
Redefining the boundaries of unfair contract claims
Recent decisions in the NSW Court of Appeal have again defined the boundaries of unfair contract claims.
September 2004
Workplace Law: a year in review
A review of some significant legal developments in workplace law during 2004.
September 2004
The High Court sets the new rules for negotiations and strikes
In a significant decision for the federal industrial relations system the High Court has clarified the scope of industrial disputes and restricted the statutory protection for industrial action. Electrolux Home Products Pty Ltd v Australian Workers Union [2004] HCA 40 (2 September 2004). We examine the decision and its implications for industrial negotiations.
September 2004
Bullying, Harassment and Discrimination: An OH&S and Management Issue
Bullying can take many forms in the workplace including undermining an employee, physical assault, verbal intimidation or making it more difficult for the employee to carry out their tasks. Bullying can expose employers to legal liability.
July 2004
Successful OH&S defences .... they exist!
You could be forgiven for thinking you cannot successfully defend an OH&S prosecution. Several recent decisions make it clear employers can successfully defend an OH&S prosecution in some situations.
June 2004
Carer's and Family Responsibilities - the State of Play
Recent cases provide employers with practical examples of how to meet their obligations. It is a two-way street; balancing the needs of the employee with the requirements of the position and the business.
June 2004
An insight into WorkCover's Occupational Health & Safety functions
A summary of WorkCover's Compliance Policy and Prosecution Guidelines.
April 2004
New Redundancy Benefits for Federal Award Employees
An overview of changes to the redundancy entitlements for federal award employees.
March 2004
Drugs and Alcohol - A Case Summary
While drug & alcohol policies are to be encouraged, employers need to carefully consider the rationale and implementation of such policies within its workplace. In this bulletin we review some recent industrial disputes and unfair dismissal cases that shed light on what is expected with drug & alcohol policies.
March 2004
Drugs and Alcohol ... The Safety Issues for Employers
Drugs and alcohol use presents a real safety issue for employers. This bulletin discusses OH&S obligations for employers, the importance of having a drug and alcohol policy and outlines when an employer may need to consider drug and alcohol testing.
2003
December 2003
Industrial Manslaughter - the reaction or solution to workplace fatalities?
In this bulletin we examine the Crimes (Industrial Manslaughter) Amendment Bill 2002 passed in the ACT which creates the offence of industrial manslaughter.
October 2003
Minimising OH&S Penalties - some recent cases
A breach of an employer’s health and safety obligations could have disastrous consequences, such as the loss of life or limb to an employee or other person. But a breach could also result in a substantial penalty being imposed on the employer under the NSW Occupational Health & Safety Act 2000 Act. In this bulletin we look at some recent cases.
September 2003
Employment Law Update
A review of some interesting and important decisions concerning unfair contracts claims and managing the termination of employment of injured workers.
August 2003
Workplace Violence: An OH&S Perspective
In this bulletin we look at the challenge for employers to identify and implement actions to prevent workplace violence.
May 2003
Workplace Violence: An employment perspective
Workplace violence is unacceptable in all workplaces. How an employer reacts to violence in the workplace is not only critical for complying with its occupational health and safety obligations, but also for meeting obligations of fairness under industrial legislation. In this bulletin we provide some guidance on how employers should respond to workplace violence.
May 2003
Restraint of Trade - Are you protecting your interests?
Some issues to consider regarding restraint clauses.
March 2003
Unacceptable Workplace Behaviour
In this bulletin we look at a range of cases involving unacceptable behaviour in the workplace and the decisions made by various Commissions and Tribunals around the country.
January 2003
Dealing with WorkCover, Inspectors and Interviews
In this bulletin we examine a range of aspects associated with WorkCover inspectors and interviews.
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