In the media

Ruling on Sydney train strike denies human rights: union body
Monday's planned train strike in Sydney cannot go ahead, as ruled by the Fair Work Commission, but the peak union body says this just demonstrates the right to strike in Australia is "nearly dead" (25 January 2018).  More...

Locked-out coal miners vow to continue 6-month picket
Mine workers affected by what's believed to be the longest lockout in Australian industrial relations history say they're willing to spend another six months on the picket line after rejecting a third offer from Glencore (25 January 2018).  More...

More allegedly false Caltex franchisee wage records spark further legal action
The Fair Work Ombudsman has commenced another legal action alleging its attempt to audit a Caltex outlet in Sydney was obstructed by the franchisee providing falsified wage records (24 January 2018).  More...

Enterprise bargaining collapse likely causing wage weakness, think tank warns
A collapse in private sector enterprise bargaining risks undermining Australia's industrial relations system and is likely to be a key factor in record low wages growth, the Australia Institute's Centre for Future Work says (22 January 2018).  More...

Labour hire business to face court for alleged unlawful unpaid work experience
A Brisbane labour hire business will face court for allegedly underpaying 10 employees more than $14,000 through an unlawful unpaid work experience program (22 January 2018).  More...

Truckies get $374,000 back-pay
Ten truck drivers who worked for an Adelaide transport company have been back-paid a total of $374,000 following successful legal action by the Fair Work Ombudsman (17 January 2018).  More...

Judge imposes $85,000 penalty as “sharp lesson” for repeat-offender childcare operator
A Judge has penalised a repeat-offender Melbourne childcare operator $85,000 for her latest staff underpayments, saying she required a “sharp lesson” to make her appreciate her legal obligations (09 January 2018).  More...

Appointment of ABCC Commissioner
The Australian Government has today announced the appointment of Mr Stephen McBurney as the Commissioner of the Australian Building and Construction Commission (ABCC) for a five-year term commencing on 6 February 2018 (05 January 2018).  More...

Published reports articles, speeches

Characteristics and use of casual employees in Australia
Geoff Gilfillan; Parliamentary Library (Australia): 19 January 2018
There has been discussion about the growth of casual employment in Australia over the past few decades with suggestions it is an insecure, precarious and non-preferred form of employment. This analysis sheds further light on whether preferences of casual workers are being met.  More...

In practice and courts

ROC: New disclosure document requirements commencing on 29 January 2018
The purpose of this notice is to advise you of the new requirements for disclosure documents, introduced by the Fair Work Amendment (Corrupting Benefits) Regulations 2017, which will commence on 29 January 2018, when disclosures must now be made using the new prescribed form in Schedule 2.1A of the Fair Work Regulations 2009 (see r. 2.06AA(1)(b) & 2(b), Fair Work Regulations).  More...

ABCC: 15 January 2018Funding Recipients – Updated Model Clauses and dedicated webpage
As a result of these changes, funding recipients are no longer required to comply with some elements of the 2016 Code on indirectly Commonwealth funded building work. Specifically, funding recipients are strongly encouraged, but no longer required to: obtain ABCC approval for a Workplace Relations Management Plan prior to entering into a contract with a code covered entity.  More...

ABCC: 15 January 2018 Contractors - Model Clauses
Contractors must require subcontractors to produce a copy of an ABCC Letter of Compliance or a completed Self Declaration A or C in respect of the enterprise agreement or other industrial instruments that covers the subcontractor in relation to the building work.  More...

Changes announced to Skilled Occupation Lists
Australia has announced changes to the skilled occupation lists for the immigration intake program for the year 2018. The changes take effect on Wednesday, 17 January 2018. The changes are listed here (17 January 2018).

Cases

Fair Work Ombudsman v Lohr [2018] FCA 5
INDUSTRIAL LAW – appeal from orders – whether primary judge erred in treating declarations as a consequence of default by respondent as not being binding on non-defaulting respondent – whether primary judge erred in treating multiple classes of contraventions grouped by s 557 of Fair Work Act 2009 (Cth) as single contravention with single maximum penalty – held: appeal allowed.

Adams v Windara Communities Ltd [2018] FCCA 40
INDUSTRIAL LAW – Fair work application dismissed. Fair Work Act 2009, ss.340, 341, 342.  

Fair Work Ombudsman v Sureguard Security Pty Ltd [2017] FCA 1566
INDUSTRIAL LAW  – admitted contraventions of s 45 of the Fair Work Act 2009 (Cth) – contravention of Security Services Industry Award 2010 (Cth) – failure to pay casual loading, allowances, and minimum, overtime and penalty rates of pay – assessment of penalties – “grouping” of contraventions pursuant to s 557(1) – factors considered - Fair Work Act 2009 (Cth) ss 45, Pt 2-2, 539(2), 545(1), 546(1), 546(3)(a), 557, 557(1).

The FWC Bulletin
This weekly update lists current FWC decisions:
Volume 3/18 25 January 2018
Volume 2/18 18 January 2018
Volume 1/18 11 January 2018

Legislation

Victoria

Proclamations

No. 21: Building Amendment (Enforcement and Other Measures) Act 2017
Assent: 23/05/2017 SG (No. 161) 23/5/2017 p.1 Commencement:, 85 on 31/01/2018: SG (No. 443) 19/12/2017 p.1 Not yet in operation: ss 4, 5, 13, 14, 16, 18(2)(3), 25, 28-30, 39-41, 43-48, 52, 54, 59(2), 85: on 31/01/2018: SG (No. 443) 19/12/2017 p 1 ss 3(1)(3), 6-12, 15, 17(2), 20, 21(1), 22-24, 42, 57-59(1), 60-65, 66(2)-71, 77, 78, 84, 101, 102, 109, 111.

Statutory Rules made

No. 136: Building Amendment (Powers of Entry and Other Matters) Regulations 2017
reg. 3 Not yet in operation: Regs 1-9: on 31/01/2018: reg. 3 Sunset Date: 19/12/2027.

Access Victorian legislation at www.legislation.vic.gov.au


Contacts:

Sydney

Stephen Trew, Managing Partner, Sydney
T: +61 2 8083 0439
E: stephen.trew@holdingredlich.com

Michael Selinger, Partner
T: +61 2 8083 0430
E: michael.selinger@holdingredlich.com

Melbourne

Charles Power, Partner
T: +61 3 9321 9942
E: charles.power@holdingredlich.com

Benjamin Marshall, Partner
T: +61 3 9321 9864
E: ben.marshall@holdingredlich.com

Brisbane

Rachel Drew, Partner
T: +61 7 3135 0617
E: rachel.drew@holdingredlich.com

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