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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

About Gender Equality

One of the principal objectives of the Workplace Gender Equality Act 2012 is to promote and improve gender equality in employment and in the workplace. All non-public sector employers with 100 or more staff must submit a report to the Workplace Gender Equality Agency (the “WGEA”) between 1 April and 31 May each year for the preceding [...]

Fair Work Commission reinstates Aircraft Engineer who drove unregistered tow motor on public road

A 60 year old Aircraft Engineer has won his job back after Jetstar terminated him for breaching ‘Cardinal Safety Rules’ at Avalon Airport in Victoria. The dismissed employee, Mr Gill had worked as a Licensed  Aircraft Maintenance Engineer for 30 years, the last four and half of which were for Jetstar. He had an exemplary employment [...]