Articles

Unpaid family and domestic violence leave has been a feature of the National Employment Standards since 2018. Arising from the Fair Work Commission’s 4-yearly review of modern awards, the Australian Council of Trade Unions (ACTU) made an application to the Fair Work Commission for all modern awards to be varied to include an entitlement for paid Family and Domestic Violence Leave (FDV Leave). Earlier this week, the Commission handed down its provisional view that all modern awards be varied to include a paid FDV Leave entitlement of 10 days.   The case for paid FDV leave The Commission sought to…

In the current climate surrounding Covid-19, employers have sought to comply with ever changing health directions, and to safeguard their workplaces, by enacting vaccination policies and requirements. Where some employees have failed to comply with the health directions or vaccine requirements, employers have been placed in the difficult position of having to dismiss non-vaccinated employees. In an important reminder for employers to engage in a procedurally fair dismissal process, the Fair Work Commission recently held an employee refusing to be vaccinated against Covid-19 was unfairly dismissed. Significantly, however, the employee was not awarded any compensation.   Unfair dismissals generally In…

This evening, the Islamic holy month of Ramadan will commence, to end on the evening of 1 May 2022. During Ramadan, practicing Muslims will abstain from food or drink, including water, from sunrise to sunset. This can pose some challenges for employers, from the prevalence of “lunch meetings” to work health and safety concerns. In this article, we will outline some means by which employers can manage their businesses to support those partaking in Ramadan and the wider workplace.   Be flexible where possible Since the fasting period during Ramadan lasts from sunrise to sunset, the duration of the fast…

In March 2021, a construction company was ordered to pay $3,000 to a construction worker for discriminating against him on the basis of his age. As most employers are aware, it is unlawful to discriminate against a person on the basis of their age. Importantly, this is true for an employer both in respect of its employees as well as any prospective employees. It is entirely lawful for an employer to consider whether a prospective employee can safely perform the duties of a role. However, the following case is an example of the risks of inappropriately using age as the…

In the recent case of CFMEU v BHP Coal Pty Ltd [2022] FWC 81, a senior member of the Fair Work Commission (Commission) has decided that employers can require workers to provide documentary evidence of their vaccination status without breaching the Privacy Act 1988 (Cth). In doing so, the Commission determined that just because sighting the ‘green tick’ on the Check In Qld app is good enough for the Blackwater Pub, does not mean it is good enough for the Blackwater coal mine.   Consent to collecting sensitive information Following on from last year’s landmark case of CFMEU v Mt…

In a recent decision, the Fair Work Commission has declined the opportunity to exercise its powers under the new anti-sexual-harassment jurisdiction. Commencing on 11 November 2021 the Commission may make any order it considers appropriate (excluding requiring payments) to prevent a worker from being sexually harassed at work. Critics of the new jurisdiction note that the Commission effectively already possessed such powers under the existing anti-bullying jurisdiction. Nevertheless, in THDL [2021][1] the Applicant filed an application for the Commission for an order to stop bullying and sexual harassment in accordance with s.789FC of the Fair Work Act 2009 (Cth). Ultimately…