ARTICLES

In a landmark decision the Federal Court of Australia awarded a former employee $5.2 million in damages, in part due to breaches of the general protections provisions of the Fair Work Act 2009 (Cth) (‘the Act’). The applicant brought a claim against his employer...

The Full Bench of the Fair Work Commission (FWC) have clarified that the FWC has no power to reduce redundancy entitlements provided for in industry-specific redundancy schemes under modern awards. Section 120 of the Fair Work Act 2009 (Cth) (‘the Act’) grants the FWC...

Forecasters have expressed great optimism as the Winter crop harvest commences in New South Wales. It is predicted that Australia’s overall production will increase by 60% compared with last year. Remarkably, the Winter crop production in New South Wales is expected...

The Federal Government have released draft legislation which reforms small business insolvency practices. The bill has been drafted in anticipation of a wave of insolvencies in 2021 as temporary relief measures brought in during the COVID-19 pandemic come to an end....

The Federal Court has dismissed an appeal of Meat and Livestock Australia (MLA) in relation to a patent lodged by US companies Branhaven LLC and SelecTraits Genomics LLC. The Court allowed the companies to proceed with their patent, however under a narrower scope. It...

The Full Bench of the Fair Work Commission (FWC) has provided clarification on when an employee can be dismissed for a safety breach. The case involved an employee who was dismissed after he operated a crane inconsistently with the company’s safety procedures, causing...

In a recent decision the Fair Work Commission (FWC) found that an employee who had been made redundant was unfairly dismissed within the meaning of the Fair Work Act 2009 (Cth) (‘the Act’). The FWC firstly established that the dismissal was not a genuine redundancy as...

On 28 August Treasurer Josh Frydenberg MP directed the Australian Competition and Consumer Commission (ACCC) to conduct an inquiry into the markets for the supply of perishable agricultural goods. One of the main focuses of the inquiry will be the distribution of...

In 2016 the Fair Work Commission introduced provisions into most modern awards, which enable employees to request that their annual leave entitlements be cashed out. However, an employee cannot cash out annual leave if it will result in the employee’s remaining...