So-called outer limits contracts of employment

Fixed term contracts of employment The Explanatory Memorandum that accompanied the Fair Work Bill 2008 provides inter alia as follows….

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Injunctions to preserve the status quo in employment disputes

There is no dispute as to the Court’s jurisdiction and the well settled law relating to the grant of an…

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Private arbitrations; their role in the fair work world

“The Power to make Orders in Private Arbitrations In the extract of the High Court decision in CFMEU v AIRC…

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The truth, the whole truth and nothing but the truth doesn’t hurt

In Jeong v Alpha Flight Services Pty Ltd t/as Alpha Flight Services (2016) FWC 4259 the Fair Work Commission has…

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Calculating compensation for general protections breach; Part 3

Compensation for general protections contraventions Part 3; how to calculate compensation for non-economic loss Non-economic loss “I first deal with…

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What converts a resignation to a constructive dismissal?

In O’Meara v Stanley Works Pty Ltd. PR97346222 a Full Bench of the Fair Work Commission considered the authorities and…

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Small business definition for fair work laws

A national system employer is a small business employer at a particular time if the employer employs fewer than 15…

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Tick ticky touchwood; pedantry in unfair dismissal

In Homes v Coles Group Limited [2014] FWC 1013, Coles was ordered by the Fair Work Commission to reinstate an…

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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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Zero tolerance; Federal Court slaps down Fair Work Ombudsman’s cosy deal with unions

A Full Federal Court has quite rightly thrown out a plea bargain between the Fair Work Ombudsman and the CFMEU…

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