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  • Fair Work Commission clarifies when an employer can direct an employee to attend a medical examination

    Posted 7/07/2014 by Jaan Murphy

    The Full Bench of the Fair Work Commission (FWC) recently handed down a judgment which examined the lawfulness of dismissing an employee who refused to attend a medical appointment, as directed by their employer.

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    TAGS: Fair Work Act, Employment, Industrial Relations, Work Health and Safety

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  • Changes to payment of leave loading on termination of employment

    Posted 23/05/2014 by Jaan Murphy
    Changes to payment of leave loading on termination of employment This FlagPost examines the changes proposed by the Fair Work Amendment Bill 2014, in relation to payment of leave loading on unused annual leave when an employee ceases employment, and what those changes would mean for employers and employees. Background Annual leave loading is designed to compensate employees for notional loss of overtime earnings whilst on leave. Despite this, it is relatively common in sectors where overtime ... Read more...

    TAGS: Employment, employer, employee, industrial relations, Fair Work Act

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  • Fair Work Commission clarifies differences between a support person and advocate

    Posted 16/05/2014 by Jaan Murphy

    In February 2014, the Full Bench of the Fair Work Commission (FWC) handed down a judgement in which the nature and role of a ‘support person’ in discussions relating to a dismissal were discussed.

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    TAGS: employment, Fair Work Act, Industrial Relations

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  • Fair Work Commission hands down landmark ruling on anti-bullying regime

    Posted 7/03/2014 by Jaan Murphy
    Fair Work Commission hands down landmark ruling on anti-bullying regime On 6 March 2014, the Fair Work Commission (FWC) ruled that its jurisdiction to hear complaints from workers who allege they are victims of workplace bullying extends to complaints that relate to bullying that occurred prior to the anti-bullying regime coming into force.   Background As detailed in a previous flag post, the reforms related to bullying were introduced by the Fair Work Amendment Act 2013, whi... Read more...

    TAGS: Fair Work Act, employment law, industrial relations, bullying

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  • Is an employee who resigns entitled to leave-loading on their unpaid annual leave?

    Posted 19/08/2013 by Jaan Murphy
    Since the Fair Work Act 2009 (FWA) was introduced, there have been differing views regarding how to calculate the amount payable to an employee who has untaken annual leave when they cease employment. Is it calculated using the employee’s base rate of pay, or must it (if the employee is entitled to it) include leave-loading?Stephen Edward Ryan v Whitehaven Coal Mining Pty Ltd (Ryan v Whitehaven)* may be the first case to have considered the issue. The court ruled that where an employee is entit... Read more...

    TAGS: employee, employer, employment, Fair Work Act, leave loading

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  • Industrial relations reforms: boosting labour productivity?

    Posted 21/09/2011 by Steve O'Neill
    Business leaders are citing impediments caused by the Fair Work legislation as a significant limit on labour productivity:Mr Argus (former BHP Billiton chairman) ... warn(ed) of a return to "the dark days of the 1970s" if labour market flexibility was not boosted. He said under the Fair Work laws, unions were resisting "management attempts to achieve efficiency"... Bureau of Statistics data shows little change in labour productivity growth under the Fair Work Act when compared to the period unde... Read more...

    TAGS: Fair Work Act, industrial relations, productivity, Work Choices

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