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 [...]

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 [...]

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 [...]

Being Drunk at Work Christmas Party No Excuse Commission Finds

An employee who threatened and threw a senior engineer into a swimming pool, and fought with his supervisor at his employer’s Christmas party has failed in his unfair dismissal application. The employee, a project Co-Ordinator, had been employed by Future Engineering and Communication (FEC) since 2008. At the Christmas party held at FECs premises on [...]