this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Select from any of the filters or enter a search term
Calendar
Calendar

Workplace Relations Section Case Law Update: April 2019

Workplace Relations Section Case Law Update: April 2019

By Workplace Relations Section

Workplace Relations 

0 Comments


The LIV's Workplace Relations Section is pleased to introduce its first monthly case law update, providing members with a brief summary of relevant employment law and industrial relations decisions published in April 2019.

  • Ridd v James Cook University [2019] FCCA 997:

The contentious legal issue in this case was whether James Cook University (‘JCU’) breached cl.14 of the James Cook University Enterprise Agreement, headed “Intellectual Freedom”. Clause 14 provided staff of JCU the right to pursue critical inquiry, participate in public debate and express opinions about issues and ideas related to their fields of competence. The applicant, Professor Ridd, managed JCU’s marine geophysical laboratory. He criticised his colleague’s research on the impacts of climate change on the Great Barrier Reef. This was investigated under JCU’s Code of Conduct and subsequently led to the termination of Professor Ridd’s employment. The court found that the termination was unlawful. Read here.

  • Parker v Australian Building and Construction Commissioner [2019] FCAFC 56:

This case concerns a meeting and vote taken by construction workers of the CFMEU and CFMEU NSW to go on strike. This followed the suspension of a union health and safety delegate at the site of construction by Lend Lease Project Management and Construction (Australia) Pty Ltd, who were developing the building site. The Australian Building and Construction Commissioner brought a civil penalty proceeding against the union’s secretaries for contravention of ss 50, 348, 355 and 417 of the Fair Work Act. Read here.

  • Allen v Allergan Australia Pty Ltd [2019] FCCA 871

The contentious issue in this case was whether Allergan contravened s 340 of the Fair Work Act by dismissing an employee. The employee had made a complaint in relation to their employment. That is, they were being bullied and intimidated by the immediate manager. The court was not satisfied of a contravention of s 340. Read here.

  • Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 451:

This case involved two proceedings. First, it was alleged by Patrick Stevedores Holdings Pty Ltd that the CFMMEU organised and were involved in industrial action in contravention of ss 417(1), 421(1), 340(1) and 343(1) of the Fair Work Act. Second, it was alleged by Qube Logistics (NSW) Pty Ltd that the union engaged in industrial action within the meaning of s 550 of the Fair Work Act. Read here.

  • United Voice v Wilson Security Pty Ltd [2019] FCAFC 66

This case concerns the proper construction of the Security Services Industry Award 2010 in relation to overtime and its impact on penalty rates. The case can be read here.

 

 

 


Views expressed on liv.asn.au (Website) are not necessarily endorsed by the Law Institute of Victoria Ltd (LIV).

The information, including statements, opinions, documents and materials contained on the Website (Website Content) is for general information purposes only. The Website Content does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Website Content is at your own risk.

To the maximum extent permitted by law, the LIV excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website Content and the use or performance of the Website except to the extent that the loss or damage is directly caused by the LIV’s fraud or wilful misconduct.

Be the first to comment