Issue 5 2010

 

 

Good Morning,

Welcome to the August/September edition of The Informant - FCB's monthly publication designed to keep you informed of the latest developments affecting Legal and HR professionals.

In this month's edition we look at the top 10 workplace news items that we found interesting in August/September, an in-depth examination of a recent Federal Court decision exploring various issues relating to non-performance of work and payment obligations, a philosophical look at the role of unions and a review of the CFMEU v Woodside decision examining circumstances in which an affected third party employer can apply to suspend protected industrial action.


I hope you enjoy this edition of The Informant and as always I welcome your feedback.

Campbell Fisher
Managing Partner & Solicitor Director


Top 10 Legal/HR issues for the month


A list of the top 10 workplace news highlights for the month of August/September.

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Stand down – What's in a name?

 

The recent decision of a Full Court of the Federal Court in Coal & Allied Mining Services Pty Ltd v MacPherson [2010] FCAFC 83 has highlighted the considerations that arise where an employee does not perform work and the importance of classifying such situations correctly.


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Unions – here to stay?

 

The many changes to the Australian industrial relations system in the past two decades (and there have been many) have had a substantial impact on the level of union membership in Australia.


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Fair Work Australia raises the bar with respect to 'significant harm'

 

CFMEU v Woodside Burrup Pty Ltd & Kentz E & C Pty Ltd

 

The Full Bench of Fair Work Australia in its first decision considering section 426 of the Fair Work Act 2009 has significantly limited the likelihood of third parties obtaining an order for the suspension or termination of protected industrial action.


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