Litigation & Dispute Resolution
You shall have a pass! FW Act permits required

You shall have a pass! FW Act permits required

It has been confirmed that an employer may require a union official to possess an entry permit under the Fair Work Act 2009 (Cth) (FW Act) even when the official has purportedly been invited on site by a safety representative. On 17 November 2017, the High Court...

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New reforms to the Fair Work Act

New reforms to the Fair Work Act

The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) (‘the Act’) makes significant changes to the Fair Work Act 2009 (Cth). These legislative changes apply to all employers, companies and employees covered by the Fair Work Act, including certain...

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Navigating the new industrial manslaughter laws

Navigating the new industrial manslaughter laws

The new and very serious offence of “Industrial Manslaughter” was introduced to Queensland on 23 October 2017, when the Queensland Parliament passed the Work Health and Safety and Other Legislation Amendment Act 2017 (“Act”). The Act represents the Palaszczuk...

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Does it pay to be a casual?

Does it pay to be a casual?

The Federal Circuit Court has found that truck driver, (Mr. Skene) engaged on a casual basis under an enterprise agreement and who worked regular rosters, was entitled to annual leave under Part 2-2 of the Fair Work Act 2009 (FW Act). The finding of an entitlement to...

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Enterprise agreements – the end of an era?

Enterprise agreements – the end of an era?

Are enterprise agreements on the way out? The Fair Work Commission’s Annual Report 2016-17 highlighted: Fewer businesses are making enterprise agreements; The FWC are approving fewer enterprise agreements; The number of enterprise agreement applications being...

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Safe Harbour and the Queensland Construction Industry

Safe Harbour and the Queensland Construction Industry

2017 has seen significant legislative changes at both the Commonwealth and the Queensland level, but while the Commonwealth changes (being the introduction of safe harbour) demonstrate a shift away from the imposition of rigid requirements upon corporate entities, the...

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Strict Compliance and the Exercise of Options

Strict Compliance and the Exercise of Options

A recent Court of Appeal decision has highlighted the need for careful drafting of agreements to anticipate changes to legislative requirements and industry standard contracts (JLF Corporation Pty Ltd v Matos [2016] QCA 355). This decision also confirmed that option...

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