The NSW Supreme Court of Appeal has rejected argument that an implied duty of good faith should be imported into an ANZ manager's employment contract so as to temper its right to terminate with notice for “any reason”. However, the question whether the implied duty could be imported under any circumstances was not definitively settled d...
Good faith duty does not apply to termination ‘for any reason'
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McDonalds sets gold standard for delivery drivers' pay and conditions
McDonalds has agreed to a new “benchmark standard” in pay and conditions for delivery drivers in the fast-food industry, with the prospect it could flow on to other franchise employers. The fast-food giant last month negotiated with the Shop Distributive Allied Employees Association (SDA) to a variation to its enterprise agreement that ...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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FWC finds worker's death insurance not part of high income threshold
The Fair Work Commission (FWC) has found Savannah Nickel Mines Pty Ltd ex-employee Bryan Crowley can apply for unfair dismissal because his death cover insurance wasn't part of his annual gross salary (AGS) and so didn't cause it to breach the high income threshold (HIT). Savannah claimed the FWC couldn't deal with Cowley's claim because at the tim...
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No ‘multi-factorial' test after FWC finds triangular contract ‘effective'
An Australian Postal Corporation (AP) contractor who delivered mail since 2008 has lost his unfair dismissal claim after the Fair Work Commission (FWC) found no evidence he was an employee, despite accepting he was required to follow the company's policy, wear its uniform, and perform work according to its instructions. Giving priority to the parti...
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Employer bid to delay game-changing driver pay order until 2017
The Australian Industry Group (AIG) will this week seek to delay a Road Safety Remuneration Order set to come in next month that will change contractor drivers' working conditions and minimum rates. The order handed down on December 18, 2015, will for the first time set national payments for contractor drivers in the distribution of goods destined ...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Journalist: Bernadette McBride. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Restraint on covert operator but no damages
An engineering company can now restrain the former head of its South Australian office from using confidential data or intellectual property in his rival business but has failed to win damages arising from his breaches. That was despite the engineer confessing that for more than a year he had used company property and data to perform work for its c...
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Policy not part of contract, says court, in overturning $2.9m payout
The NSW Court of Appeal has overturned a finding that an investment bank's lucrative redundancy policy formed part of a senior executive's employment contract, and has set aside a Supreme Court order he be paid $2.9m. The banker, former ABN Australia Holdings (AAAH) chief executive Angus James, was not left completely empty handed, with Justices Ro...
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Legal advice provided buffer but overtime scam still ‘serious'
WFD: A Qld family farm and its manager have been fined a total $60k for setting up sham companies to avoid overtime obligations for its fruit pickers. Federal Court Justice Berna Collier lowered the fine from a possible $300k after considering the farm and its director were “unaware” they were breaching the Act because they were followi...
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Good faith duty does not apply to termination ‘for any reason'
WFD: The NSW Court of Appeal has rejected argument that an implied duty of good faith should be imported into an ANZ manager's employment contract to temper its right to terminate with notice for “any reason”. However, the question whether the implied duty could be imported under any circumstances was not definitively settled due to lac...
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FWC issues sweeping RoE restrictions on CFMEU branches
WFD: The Fair Work Commission (FWC) brought the hammer down on the Construction Forestry Mining Energy Union (CFMEU) on Monday (March 7), handing down orders suspending several union officials from workplace entry for two years and imposing restrictions on a host of CFMEU branches. After considering a submission by Fair Work Building Industry Inspe...
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FWC finds worker's death insurance not part of high income threshold
WFD: The Fair Work Commission (FWC) has found Savannah Nickel Mines Pty Ltd ex-employee Bryan Crowley can apply for unfair dismissal because his death cover insurance wasn't part of his annual gross salary (AGS) and so didn't cause it to breach the high income threshold (HIT). Savannah claimed FWC couldn't deal with Cowley's claim because at the ti...
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Restraint on covert operator but no damages
WFD: An engineering company can now restrain the former head of its South Australian office from using confidential data or intellectual property in his rival business but has failed to win damages arising from his breaches. That was despite the engineer confessing that for more than a year he had used company property and data to perform work for ...
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Give Qld powers to determine adverse action, bullying: review
WFD: An ambitious review of Qld industrial laws has recommended giving the state IR commission Fair Work-like anti-bullying powers, including over partnerships and voluntary associations, and jurisdiction to arbitrate general protections claims. The review , completed at the end of 2015 and provided to state Cabinet this week, was an election promi...
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Angrily questioning your boss not valid reason for dismissal
WFD: The Fair Work Commission (FWC) has found real estate company Highlands Property unfairly fired an employee who had been “angry and hostile” during a meeting because telling your boss off isn't necessarily employee misconduct. Commissioner Bernie Riordan found when employee Nardia Luckman vented at her boss Peter Walker, it was a ...
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McDonald's sets gold standard for delivery drivers' pay and conditions
WFD: McDonald's has agreed to a new “benchmark standard” in pay and conditions for delivery drivers in the fast-food industry, with the prospect it could flow on to other franchise employers. The fast-food giant last month negotiated with the Shop Distributive Allied Employees Association (SDA) to a variation to its enterprise agreement...
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Vast majority of fast-food outlets involved in underpayments: audit
WFD: A shocking 84% of fast-food stores were underpaying their workers last year, a payroll review of the industry has revealed. The 2015 audit of more than 70 stores across Australia, mostly franchisees, was conducted by Employment Relations Strategies (ERS) - an HR consultancy firm that has represented KFC, Pizza Hut, Red Rooster and Nando's. The...
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Claims of visa scam as ship engineers face job losses
WFD: Maritime engineers aboard two Sydney and Melbourne oil tankers are concerned they will be replaced by s457 visa workers after a petroleum company ended their contract in preference for ships registered in the Bahamas. The Australian Institute of Marine and Power Engineers (AIMPE), which represents maritime engineers aboard the ship Zemira in M...
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Diary
Australian Labour and Employment Relations Association national conference : 'WORK - Then, Now & What's Next', May 26-28, Pier One Sydney Harbour, The Rocks, Sydney. More info here .
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