Author

Brigid Maher

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In a recent decision of the Fair Work Commission concerning an application for a protected action ballot of employees, Commissioner Bissett held that lawful industrial action included refusing to respond to non urgent calls or emails, and including a statement to this effect in an “out of office” email notification. The application, filed by the Australian Municipal, Administrative Clerical and Services Union (ASU) was opposed by the employer on a number of grounds, including that…

The Federal government has again raised the issue of increasing the age pension age in its May 2014 budget announcement. Recent changes to federal industrial laws introduce rights for mature age workers to request flexible working arrangements. As mature age workforce participation increases as a result of the general ageing of the population, coupled by new disincentives to leave the workforce, flexibility is likely to become a more common feature of the modern Australian workplace.…

The Fair Work Commission’s panel for annual wage reviews released its Annual Wage Review 2013-2014 decision yesterday, 4 June 2014. The decision provides that minimum award wages will increase across the board by 3% effective 1 July 2014. This decision will result in the following increases to the Federal minimum wage rates: Weekly minimum wage: from $622.20 to $640.90 (increase of $18.70) Hourly minimum rate: from $16.37 to $16.87 (increase of 50c) Otherwise, the percentage…

In a landmark decision of the Fair Work Commission full bench handed down on 14 May 2014 (3:2 majority), the Fair Work Commission has varied the Restaurant Industry Award 2010 (the Award) to reduce penalty loadings for hours worked on Sundays. Background The decision arose from an appeal against a decision of Deputy President Gooley, made on application by the Restaurant and Catering Association of Victoria (RCAV). At first instance, the RCAV submitted to DP…