Tag: Workplace Relations
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The deconstruction of “consultation”—The Fair Work Commission directives on vaccine mandates
The Full Bench of the Fair Work Commission has delivered a definitive ruling on the statutory limits of executive power under work health and safety law. In the landmark decision of Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) & Anor v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059, the tribunal ruled that a…
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South Australia set to join harmonised OHS legislation
The Work Health and Safety (WHS) Bill was passed by both houses of Parliament last night (1 November 2012) after many delays. The new harmonised legislation will take effect on 1 January 2013, replacing the current Occupational Health, Safety and Welfare Act 1986
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Justified dismissal after failure to provide post-surgery info
Fair Work Australia has found that a Victorian Employer who dismissed a worker after he refused to provide medical details for 10 months after surgery was well within their rights. Commissioner Gooley agreed that the workers refusal to supply the requested information meant the employer had valid reason to terminate his employment.
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Labour hiring does not void responsibility
As the country moves closer to harmonisation organisations must ensure they fully understand the responsibilities of the PCBU (person who conducts business or undertaking). The definitions of ‘workers’ and ‘workplace’ in the new act are broad and will include more transparent responsibilities for contractors, labour hire personnel and work experience.