Jurisdiction of the Fair Work Commission

The Fair Work Act 2009 operates principally, although not entirely, upon the employment relationship between employees and national system employers….

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The national fair work system; who is covered?

        The national fair work system covers employees of “national system employers”. In broad terms a national…

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Employee or contractor?; the test

The very significant difficulty of determining whether a relationship is one of employer and employee or principal and contractor is…

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Are company directors also employees?

Recently I have been surprised at the number of occasions when I have been required to sort out whether company…

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Resolving disputes under Enterprise agreements

“Jajoo (ING Administration Pty Ltd v Jajoo, Ramsin [2007] AIRC 773 is authority for the finding that if an employee…

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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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Workplace bullying jurisdiction; national system employers

“The application raised for determination the question whether the Respondent conducts a constitutionally covered business within the meaning of s.789FD…

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Counting employees of overseas entities for jurisdiction issues

Counting employees of overseas entities to determine whether a business is a small business employer “He says that Nelson JA…

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Unfair dismissals in labour hire arrangements

The Fair Work Act provides (sub-sec 386(2)) inter alia that an employee is not to be regarded as having been…

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