Main menu

Category Archives: Contracts & Enterprise Agreements

Obese worker fails to establish adverse action claim

The Federal Circuit Court has rejected that a security company took adverse action against an obese security guard (‘Applicant’), after the worker claimed he had been discriminated against because of his obesity. The Applicant was engaged to work in a control room at a university campus.  As a result of proven performance concerns, the University…

Court punishes employer for failing to apply casual conversion clause properly

The Federal Court of Australia has fined an employer who refused a employee the opportunity to convert his casual employment to equivalent full-time employment. The employee was a freight handler with a major transport company.  The employee had a right to elect to convert from casual employment to equivalent permanent employment under the both the…

Court enforces IT employee’s 4 year restraint of trade

The Supreme Court of Victoria has granted an injunction to an IT company (‘the Applicant’) that commenced an interlocutory application to have an employee (‘the Employee’) restrained from working for a competitor for four years. Prior to June 2016, the Employee had a company which owned 40% of the shares in the Applicant’s company.  The…

December Update – Director incurs significant fine following sham contracting practices

This month’s update sees sham contracting back in the spotlight, with Judge Cameron of the Federal Circuit Court delivering an interesting decision in relation to a fundraising company’s use of sham contracting arrangements. Background In this case the employer provided fundraising services to charitable organisations and other not-for-profits (‘Fundraising Company’).  The worker who was the…

Franchisor held partially responsible for underpayment of franchise employees

A frozen yoghurt franchisor (and some of its related entities) have been found liable for one of its franchisee’s underpayment of 4 overseas workers. The Fair Work Ombudsman media release detailed that “The four exploited workers were paid as little as $8 an hour while working at [the employer’s] outlet at the World Square Shopping…

HR Manager’s conduct results in summary dismissal

This is an interesting and instructive decision of the Fair Work Commission. In this matter the Commission has upheld the summary dismissal of a HR Manager, otherwise highly regarded by the Employer, following an interesting series of events in the workplace. Background The HR Manager (‘Applicant’), who also held additional roles in the business, had…

Full Bench provides guidance on labour hire termination scenario

The Full Bench of the Fair Work Commission has handed down an important decision relating to a labour hire company’s decision to terminate an employee who they were directed to remove from one of their client’s work sites. In this particular case, the Employee had been employed by the labour hire company (‘Company’) and had…

Adverse action finding results in $25,500 worth of penalties being imposed

A crane hire company has been ordered to pay $25,500 in penalties after it was found to have taken adverse action against a union delegate who raised complaints about his pay. The employee claimed that he and his colleagues, who were covered by the Company’s enterprise agreement, were entitled to penalty rates in addition to…

Ask a question