Unfair dismissals; conciliation, mediation and arbitration

Unfair dismissal claims which are lodged with the Fair Work Commission are first dealt with in a conference.  Although the…

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Fair Work Act and ignorance of the law Part 2

On 14 September, I published a post about the issue whether ignorance of the law constitutes a defence to a…

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Fair Work Act and ignorance of the law Part 1

It would appear that there is a distinction between what is required to prove a contravention of the Fair Work…

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Penalties for breach of fair work laws

Where an employer is found to have failed to comply with the NES, or a modern award or enterprise agreement,…

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Fair Work; unfair, wrongful and unlawful dismissals

There are two distinct workplace law systems in Australia, Federal and State. In Western Australia, both systems are alive and…

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The basics of the fair work system; jurisdiction Part 2

If an employee works for a business which is owned by a corporation and which is involved in a material…

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The basics of the fair work system; jurisdiction Part 1

Generally speaking, an employee is not covered by the national fair work system if he or she: • The Western…

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The legal fiction that is the contrived device of continuity of service

Under the Fair Work Act, it is provided that if there is a “transfer of business” , then the transfer…

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Foreign companies as employers and the Fair Work Act

For a foreign corporation to be a national system employer and therefore bound by the Fair Work Act A constitutional…

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Effect of winding up, liquidation, insolvency and administration of employers in the Fair Work Commission

“471B Stay of proceedings and suspension of enforcement process While a company is being wound up in insolvency or by…

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