Fair Work Legislation 2015

Fair Work Legislation 2015 comprises the Federal Workplace legislation including the Fair Work Act 2009 and Regulations, Independent Contractors Act and Regulation and Paid Parental Leave Act 2010 and Rules and associated Acts and legislation, capturing the latest amendments up to 20 August 2015. Designed for use by practitioners, HR, Unions, Employer and Professional Associations, business professionals and anyone with an interest in fair work legislation, the Fair Work Act 2009 is supplemented with key section annotations. Their section specific commentary notes provide additional guidance for the most important provisions. In addition, in the Year in Review feature, discusses significant developments since July 2014. As in previous years, this year s edition of Thomson Reuters Fair Work Legislation includes commentary on the clarification and development of key parts of the Fair Work Act 2009 (Cth) (the Act). Highlights include commentary on significant cases relating to the anti-bullying provisions in Part 6-4B of the Act and new cases in the area of workplace rights and adverse action, particularly cases involving the much litigated workplace complaint or inquiry protection in s 341(c)(ii) of the Act. Also included are further key cases involving the enterprise bargaining and industrial action provisions of the Act, as well as new commentary on permitted deductions under Part 2-9 of the Act and the unfair dismissal provisions. There is also important commentary relating to cases which examine the constitutional underpinnings of the Act. Significant cases of the year include:- CFMEU v BHP Coal Pty Ltd [2014] HCA 41 in which the High Court has again examined the adverse action provisions of the Act, affirming the approach in Bendigo TAFE v Barclay (2012) 248 CLR 500, that the focus must remain on the reasons for the employer s action. An employee dismissed for holding a sign referring to scabs had been dismissed for misconduct, and not for taking industrial action. CEPU v Queensland Rail [2015] HCA 11 a High Court decision confirming the reach of the Act to include State instrumentalities as trading corporation , even if the entity concerned was only created to supply labour; United Firefighters Union of Australia v Country Fire Authority [2015] FCAFC 1 a decision of the Full Court of the Federal Court which limits the ability of State agencies to claim that provisions in enterprise agreements infringe the State constitutional immunity recognised by the High Court in Re AEU: Ex parte Victoria (1995) 184 CLR 188; Shea v EnergyAustralia Services Pty Ltd [2014] FCAFC 167 in this decision the Full Court of the Federal Court considered the nature of complaints which attract protection from adverse action, casting doubt on whether it is necessary to show that a complaint is made genuinely or in good faith; Tattsbet Ltd v Morrow [2015] FCAFC 62 a decision of the Full Court of the Federal Court dealing with the application of the adverse action protections to independent contractors, involving the alleged right to pursue a claim to superannuation contributions; and Bowker v DP World Melbourne Ltd [2014] FWCFB 9227 a decision of a Full Bench of the Fair Work Commission, dealing with the exercise of the Commission s new anti-bullying jurisdiction. The five member Full Bench considered the question of what constitutes bullying at work , particularly involving the use of social media, holding that, at the very least, the worker affected needed to be at work when accessing offending messages. GENERAL EDITORS Mark Rinaldi BJuris(Hons) LLB BA (UWA), LLM Grad Dip Corporations and Securities Law (Melb), Barrister Mark Rinaldi is a leading industrial and employment law barrister. Prior to joining the Victorian Bar in 1997, Mark was a solicitor and Senior Associate at Freehills in Perth and Melbourne in commercial litigation and employee relations. He was also Associate to Justice French of the Federal Court (now French CJ of the High Court) in 1990 91. Mark appears regularly in State and Federal courts, the Fair Work Commission, VCAT and other tribunals, as well as providing advice and conducting mediations and inquiries, predominantly in employment, industrial and commercial law matters. Mark joined the Tasmanian Bar in 2008 and now has chambers in both Melbourne and Hobart. He is also an interstate member of the Western Australian Bar. Victoria Lambropoulos, LLM (Melb), BA, LLB (Mon), Lecturer, Deakin University Law School, Barrister, Victorian Bar Victoria Lambropoulos lectures at Deakin University in Melbourne and Geelong where she teaches Workplace Law and Company Law. Victoia has held this position for over 10 years. She is also a member of the Victorian Bar. Victoria writes regularly for academic and practitioner journals on employment and industrial relations issues. She is also a regular presenter at practitioner and academic conferences both in Australia and internationally. She is also President of the Industrial Relations Society of Victoria, a committee member of the Australian Labour Law Association and co-convenor of the Victoria chapter and is a member of the Industrial Bar Association of Victoria. Rohan Millar LL M, B Com (Melb), Barrister at Law Rohan Millar is a Melbourne barrister practising in employment law. He appears regularly in the Fair Work Commission and the courts, particularly in cases involving termination of employment, post-employment restraints, discrimination, employment contracts and industrial disputes. Prior to joining the bar he was a solicitor at Mallesons Stephen Jaques and Arthur Robinson & Hedderwicks