All publications relating to ‘Michael Byrnes’
Changes to Annualised Salaries under Modern Awards: A Short Guide
From 1 March 2020, changes to the annualised salary provisions in a number of modern awards will impose more onerous administrative requirements on employers with respect to award-covered salaried employees.This change was the result of a decision of the Fair Work Commission (FWC) ([2019] FWCFC 4368]) (Decision) as part of its four yearly review…
Our most popular articles published during 2019
We are almost at the end of 2019, and with the end of a year comes the opportunity to reflect on our most popular articles published during the year:Deeds of Release and their effectiveness – update 2019 | Richard Ottley | Employment LawFair Work Commission – When will the Full Bench entertain an…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties
Last week, Jose Feliciano’s festive staple ‘Feliz Navidad’ was played on the radio. Before long, neighbours in certain suburban streets will be competing to see who can put up the most impressive (or garish) Christmas lights, re-runs of ‘Love Actually’ will be broadcast on TV with increased frequency and Christmas…
Fair Work Commission criticises time-wasting unfair dismissal applications
In a recent decision, Diane Porteous v G. Kakafikas and A.G. Bek partnership t/a Yarra Glen Pharmacy [2019] FWC 6264, Deputy President Colman of the Fair Work Commission (Commission) has criticised applicants who commence unfair dismissal proceedings and then don’t take the necessary steps to prosecute their claim. The Case The Applicant worked…
Personal/carers leave — how it should be calculated- latest developments- August 2019
Calculating employee entitlements can be complex and demanding at the best of times, however the decision of the Full Court of the Federal Court in Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturers Workers Union (AMWU) [2019] FCAFC 138 will, unless disturbed, add…
The Religious Discrimination Bill: Initial Observations
Following the Marriage Equality debate and the ongoing Israel Folau saga, the issue of religious freedom has been given some prominence. The Australian Government has released what it describes as ‘religious freedom reforms’ on which it is actively seeking submissions. The proposed reforms will undoubtedly be the subject of much…
Keeping the High Court decision in Comcare v Banerji in perspective
The High Court decision in Comcare v Banerji [2019] HCA 23, which relates to tweets by a Commonwealth public servant (tweeted under the handle @LaLegale) about government policies, has been handed down. The court held that various sections of the Public Service Act 1999 (Cth) (Act), relating to the Australian Public Service (APS)…
Termination of employment by SMS fails the fairness text
Texting Times for Employers In two recent unfair dismissal decisions, the Fair Work Commission (FWC) has condemned the practice of terminating employment by text message. In the decision of Kurt Wallace v AFS Security 24 7 Pty Ltd (U2019/1622), Commissioner Cambridge considered the submission by the employer in respect of a termination by text, which was…
The Current State of Play in the Israel Folau Case
What proceedings has Israel Folau initiated? It has been widely reported that Israel Folau has commenced proceedings with the Fair Work Commission (FWC) alleging a breach of section 772 of the Fair Work Act (Act) for unlawful termination of his employment with Rugby Australia (RA) on the grounds of religion. Unlike court…
The proper scope of the anti-bullying jurisdiction
Strong Words from the FWC Bench In the recent decision of Tanka Jang Karki [2019] FWC 3147, which dealt with an application to the Fair Work Commission (FWC) for a stop bullying order, Deputy President Sams took the opportunity to express disquiet about the way in which some applicants use the anti-bullying…