Call For Expert Advice:Amendments to Union Right of Entry Permits
Businesses working in the construction industry should be advised that on 1 July 2019 an amendment to the Fair Work Regulations took effect requiring that all union entry permits, issued on or after 1 July 2019, incorporate the following: the permit holder’s full name; the name of the organisation that applied for the entry permit; an expiry date for [...]
High Court Rules that Unions’ can be Banned from Paying Officials’ Fines
Case reference: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3 A ruling from the High Court last week has confirmed that under the Fair Work Act, a court is entitled to make a “personal payment order” which ensures that a union official who has been required to pay a pecuniary penalty can’t accept an [...]
BREAKING NEWS: Early Release of Retention Money – High Court Confirms Retention Clauses Subject to Head Contract Operation are Void
The recent High Court decision of Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 confirmed that any contract clause which ties the release of retention to some event under the Head Contract will be a “pay when paid” provision under the Security of Payment legislation and therefore that relevant clause is void or of no effect. The High Court’s [...]
Service of Notices under the Building and Construction Industry Security of Payment Act 1999
You can now serve notices (i.e. Payment Claims, Payment Schedules, Statutory Notices, Adjudication Applications etc) by way of email and the ability to serve any such notices by facsimile has been removed except where your contract provides for service by facsimile. These changes were brought about by the Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 (NSW) (Amending [...]
Employer Can Direct Employee to Attend Medical Examination
A recent decision of the Full Court of the Federal Court of Australia has confirmed an employer’s right to direct employees to attend medical appointments. Grant v BHP Coal Pty Ltd was an appeal against a decision of a single member of the court that affirmed that the Fair Work Commission had not incorrectly dismissed Mr Grant’s unfair dismissal application. Mr [...]
Employee a Casual Under the Enterprise Agreement but Not Under the Fair Work Act Court Finds
The Federal Circuit Court has determined that although a fly in fly out (FIFO) worker was a casual employee under the enterprise agreement that covered his employment with a labour hire company, he was “other than a casual” for the purposes of the Fair Work Act 2009 and was therefore entitled to payment of accrued annual leave when his employment [...]
Union Official entering a Workplace to assist a Health and Safety Representative does not need Federal Right of Entry permit – Court finds
On 3 November 2016, Justice Bromberg of the Federal Court dismissed an application for a declaration and penalties made by Fair Work Building and Construction (FWBC) against an organiser employed by the CFMEU. The organiser, who did not have a right of entry permit issued under the Fair Work Act (FW Act) and was therefore not a ‘Permit Holder’, entered [...]
Union does not have rights to enter premises to hold meetings before or after work
The Fair Work Act 2009 allows a union official to enter premises to hold discussions with members and employees eligible to be members “during mealtimes or other breaks.” The official must give the occupier of the premises between 24 hours and 14 days written notice of his or her intention to enter the premises. In a recent case, CFMEU v [...]
Ex Employee who falsified drug test result ordered to pay employer’s costs on indemnity basis
An ex employee of Toll holdings who submitted a falsified drug test result in support of his unfair dismissal application has been ordered to pay his former employer’s costs of more than $18,000.00 In making the order that the ex-employee pay all of Toll’s legal costs and witness expenses, Deputy President Gostencnik found that the unfair dismissal claim was built [...]
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