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We have a very comfortable virtual couch at Justitia, which is where we have our best discussions. This is what we’re talking about at the moment.

Increase to high income threshold and Fair Work Commission filing fees

Posted by Jul 10, 2020

Filing fee In accordance with the increase to the national minimum wage (our blog post on the minimum wage increase can be found here), the Fair Work Commission (Commission) has announced an increase to the application fee for unfair dismissals, general protections and anti-bullying applications to $74.50 from 1 July 2020. High income threshold The […]

Refusal to complete COVID 19 survey ends in lawful dismissal

Posted by Jul 2, 2020

In Kieran Knight v One Key resources (Mining) Pty Ltd T/A One Key Resources [2020] FWC 3324, the Fair Work Commission (FWC) upheld the dismissal of an employee (Mr Knight) who refused his employer’s (Employer) lawful and reasonable request to complete a survey about recent and upcoming travel plans in light of COVID 19 risks. […]

FWC rules employee unreasonably refused employer’s request to take annual leave while receiving JobKeeper

Posted by Jun 2, 2020

In Leonie McCreedy v Village Roadshow Theme Parks Pty Ltd [2020] FWC 2480, the Fair Work Commission (FWC) has held that an employee unreasonably refused her employer’s request to take annual leave. The employer requested Ms McCreedy to take one day of annual leave each week until either her annual leave balance was 2 weeks […]

When is a casual not a casual?

Posted by Jun 2, 2020

Following on from the 2018 decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131, the Federal Court has again demonstrated that workers engaged as casual employees can be found to be permanent employees with entitlements to paid leave and paid public holidays.  In WorkPac Pty Ltd v Rossato [2020] FCAFC 84, the Full Federal […]

FWC running in the fast lane

Posted by May 25, 2020

Recent changes have been made to the Fair Work Act 2009 (Cth) (FW Act) relating to the JobKeeper payment scheme. Under new Part 6-4C of the FW Act, eligible national system employers have been given temporary powers to: Give employees a JobKeeper enabling direction Request employees agree to altering their days or times of work […]

Unrepresented litigant to pay former employer’s costs

Posted by Oct 3, 2018

The Federal Circuit Court has ordered an unrepresented litigant pay $12,500 of his former employer’s legal costs, finding that although he did not run the case vexatiously, allegations unsupported by evidence rendered it “baseless and groundless”. Mr Somerville claimed AFS Security 24/7 Pty Ltd (trading as Armidale Fire & Safety) (AFS) took adverse action against […]

Employers beware: You may be on your own at the Commission

Posted by Mar 6, 2018

During a Fair Work Commission (the Commission) matter, seeking permission for a representative to appear on the employer’s behalf may merely seem like a box to be ticked. However recent cases from the Commission serve as a reminder that obtaining permission to have a lawyer or paid agent appear on your organisation’s behalf is not […]