The Supreme Court of Victoria recently approved the issuance of subpoenas compelling two witnesses to attend before an arbitral tribunal seated in Melbourne and give evidence pursuant to Section 23 of the International Arbitration Act. The application arose out of a long-running dispute concerning the sale of a food business. The court's judgment provides useful guidance on the circumstances in which it will issue subpoenas in aid of arbitration as well as the meaning of Section 23(4) of the act.
In 2019 the Metropolitan Fire and Emergency Services Board and the United Firefighters Union of Australia Operational Staff Agreement 2016 was approved. The approval of the agreement raised a number of issues, including whether Section 195 of the Fair Work Act 2009 (Cth), which prohibits the approval of enterprise agreements containing discriminatory terms, includes a prohibition on indirect as well as direct discrimination.
In an ironic turn of events, a poorly implemented and followed performance improvement plan (PIP) resulted in an employer having to pay A$205,342 to an employee who had brought a successful adverse action claim in the Federal Circuit Court. The court held that the employer had contravened the general provisions under the Fair Work Act 2009. This article provides practical tips on how employers can avoid a PIP resulting in an adverse action claim.
The current fires in New South Wales and Queensland are a timely reminder for employers to review their business arrangements for responding to such crises, particularly in workforce management, and ensuring that they have a plan in place to deal with the aftermath. This article provides some guidance on the kinds of things that employers need to think about following a natural disaster.
Does an employee have to be consulted, in accordance with an applicable industrial instrument, about their impending termination? According to a recent decision by the Fair Work Commission, the answer is not necessarily. The decision highlights that there are certain circumstances where an employer may be safe from an unfair dismissal claim if it proceeds to termination without consulting the employee. However, these situations are highly exceptional and should be approached with caution.
The Fair Work Ombudsman recently released advice that all permanent employees are entitled to 10 days of paid personal/carer's leave for each year of their employment. This is a major departure from calculating personal/carer's leave entitlements in hours, which is the approach currently taken by most employers and employees. However, the ombudsman's advice is based on a recent court decision which may not stand.