A duck is still a duck if it is not a rooster; sham contracts in employment law

The High Court has today confirmed that the reach of the sham contracting provisions of the Fair Work Act extends…

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Length of service for casual employees

In Shortland v Smiths Snackfood (2010) FWAFB 5709 a Full Bench of Fair Work Australia dealt with the issue of…

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The curse of being sacked by text

Sacked by text? There has been some media publicity about this lately. What is the law? The Fair Work Act…

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More of the same old rubbish from the Productivity Commission

The Productivity Commission, which can almost always be counted on to issue recommendations which are consistent with the objectives of…

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Gobbledygook or the first and the last word?

The following quotation from the High Court of Australia is very often cited in the judgments of the Fair Work…

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A toss of the coin; judging which Commission to which to take unfair dismissal cases

A senior member of the Western Australian Industrial relations Commission has recently issued a decision in an unfair dismissal case…

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Beware friends (and colleagues) bearing gifts; unfair dismissal case never had a chance

In an unsuccessful application for an extension of time to make an application for an unfair dismissal remedy, the Fair…

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The mess that is the Fair Work Act

The distinction between the exercise of a workplace right and the consequences of an employee exercising a workplace right that…

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