Fair Work Australia recently delivered its first Full Bench decision on the provision in the small business code allowing summary dismissal for serious misconduct including theft, fraud, violence and serious OHS breaches.
1 May 2012
Two recent decisions in Fair Work Australia shed light on the tribunal's approach to unfair dismissal cases.
16 Apr 2012
In Newlands Coal Pty Ltd v CFMEU [2010] FWA FB7401, Newlands lodged an appeal in response to Commissioner Roe's first instance decision to refuse approval of the Newlands Coal Surface Operations Enterprise Agreement 2010 which contained an opt-out clause. However, Commissioner Roe's decision was overruled by the Full Bench of Fair Work Australia (FWA) in November 2010. In that instance, the majority of the Full Bench upheld the validity of the "opt-out" clause.
16 Apr 2012
The High Court has provided some valuable guidance on how the "reasonably practicable" obligation in the new harmonised Work Health and Safety Bill laws will operate, and the elements the prosecution must show, in Baiada Poultry Pty Ltd v The Queen HCA [2012] 14.
2 Apr 2012
The draft Australian Work Health and Safety Strategy 2012-2022 sets targets and priorities for regulators, so this is an important opportunity to help shape OH&S for the next decade, say Shae McCartney and Joe Catanzariti.
29 Mar 2012
