Posts: FW Act

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FW Act

FWC rejects Applicants’ claim to access investigation documents

Privileged

The Fair Work Commission (FWC) has a broad power under section 590 of the Fair Work Act 2009 (Cth) (FW Act) to “inform itself in relation to any manner before it in such manner as it considers appropriate”. Under this general power, the FWC may inform itself by requiring the production of documents or records to the FWC (such as all documents or records relating to a dismissal process).

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Court finds multiple breaches of general protections provisions

Direction needed

The Federal Circuit Court of Australia (the Court) recently ruled on an application brought by an employee alleging that three respondents had engaged in breaches of the Fair Work Act 2009 (Cth) (FW Act), including sham contracting and dismissing the employee because she was pregnant.

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Sexual harassment and work health and safety

New guidance material released by Safe Work Australia

Australia has long had in place state and federal anti-discrimination legislation which recognises sexual harassment as a form of sex discrimination and makes sexual harassment in the workplace unlawful.

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Fair Work Commission accepts that role with additional travel time was acceptable redeployment employment

The daily commute

Employers have long known that they are obliged to try to find new employment opportunities for employees who are faced with the redundancy of their current role.

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HR consultant and supervisor found accessorily liable for breach of FW Act

All together now

An external HR consultant and a supervisor have been found accessorily liable for contraventions of the Fair Work Act 2009 (Cth) (FW Act) after they were involved in the dismissal of an employee who raised a potential award non-compliance issue.

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