In the media
FWO takes action against Brisbane café
The Fair Work Ombudsman has commenced legal action in
court against the operator of a Brisbane café alleging
breaches including that employees were partially paid in food and
drink (24 September 2020).
More...
Wages recovered for Top Juice workers
The Fair Work Ombudsman has recovered $32,435 in unpaid
wages for 18 workers following an investigation into 16 outlets of
fresh juice and salad franchise Top Juice across eastern Australia
(11 September 2020).
More...
Union urges businesses to 'hire local' to stop
spread of virus from metropolitan areas
Cleaners at a factory in regional Victoria say there are
fears the company will replace them with workers from Melbourne.
The AMWU says this is especially concerning given the spread of
COVID-19 in metropolitan areas (23 September 2020).
More...
CFMMEU and six officials hit with $201,500 in penalties
over ACT entry breaches
The Federal Circuit Court in the ACT has penalised the
CFMMEU $138,000 and six officials a further $63,500 following
breaches of right of entry laws across three apartment project
sites in Franklin, Harrison and Wright in 2013 and 2014.
More...
Farm facing worker shortages offers $50,000 incentive to
attract fruit pickers
As the pandemic keeps borders locked, Mountain Blue Farms
hopes a cash bonus will attract workers to pick the NSW farm's
2020 blueberry crop (17 September 2020).
More...
Fair work watchdog investigating case of backpacker
'paid $2.50 an hour' to pick fruit
The Fair Work Ombudsman says it is investigating the case
of a backpacker who says she was underpaid, sexually harassed and
asked to post "racist" ads on social media to attract
other workers, following an ABC investigation (17 September 2020).
More...
University of Adelaide charges nearly $1,000 to respond
to sexual harassment FOI request
The University of Adelaide says it will take 15 hours and
nearly $1,000 to collate basic information about complaints of
sexual harassment incidents that have happened on campus since 2018
(14 September 2020).
More...
Meat processor's 'too comfortable' JobSeeker
claims spark a backlash
One of Australia's largest meat processors is
criticised for suggesting JobSeeker payments are so high, people
would rather sit at home than work (11 September 2020).
More...
It's now a crime to commit wage theft in Queensland,
after new laws were passed by the state parliament
New laws passed in Parliament on will see employers in
Queensland facing a maximum of 10 years in jail for wage theft
– which includes underpaid wages, withholding leave and
penalty entitlements, or not making the necessary super
contributions. It's the same penalty for "stealing as
clerk or servant" (10 September 2020).
More...
'Nepotism and corruption': The growing gig
economy inside the Federal Government analysis
An ABC analysis suggests Commonwealth spending on
consulting and labour-hire firms now exceeds $5 billion a year
— and former senior officials warn the practice may be
unlawful (10 September 2020).
More...
IBM and Western Power - the latest employers to sign
Enforceable Undertakings
Multinational technology company IBM has back-paid
Australian employees more than $12 million after entering into an
Enforceable Undertaking with the Fair Work Ombudsman (11 September
2020)
Western Australian electricity network provider Western Power has
back-paid employees more than $8 million, and is reporting to the
Fair Work Ombudsman to ensure it correctly calculates and finalises
further significant back-payments, under an Enforceable Undertaking
entered into with the FWO (10 September 2020).
More...
Western Power signs Enforceable Undertaking
Published reports articles, speeches
ABCC industry update – September 2020
edition
The September edition of Industry Update features the
latest information from the ABCC, our Corporate Plan and priorities
for 2020-21, how we have continued educating and communicating in
the COVID-era, a non-compliance publication notice, new matters,
court outcomes and more.
More...
Department of Jobs and Small Business: Monthly Leading
Indicator of Employment September 2020
The Monthly Leading Indicator of Employment (the
Indicator) has risen for the third consecutive month in September
2020 (after eight consecutive monthly falls). The Indicator's
rise this month reflects a rebound in business investment in
Australia and a pickup in economic activity in China.
More...
Quarterly Report by the Commonwealth Ombudsman under s
712F(6) of the Fair Work Act 2009 for the period 1 April to 30 June
2020
Commonwealth Ombudsman: Quarterly Report by the
Commonwealth Ombudsman under s 712F(6) of the Fair Work Act 2009
(Review and report of the Commonwealth Ombudsman regarding
examinations conducted by the Fair Work Commission in respect of
power to ask questions and require records and documents) for the
period 1 April to 30 June 2020 (02 September 2020).
More...
Australian Bureau of Statistics
24/09/2020
Detailed monthly and quarterly Labour Force data
17/09/2020
Labour Force, Australia
09/09/2020
932,000 jobs lost between the March and June quarters
03/09/2020
Working days lost in June quarter 2020 a series low
In practice and courts
Award & agreement flexibility during the COVID-19
pandemic
A number of applications to vary awards to allow for more
flexibility during the COVID-19 pandemic have been received. The
Fair Work Commission is dealing with these applications as quickly
as possible.
Cases currently under consideration, and those that have already
been determined, are listed at the following
link.
Cooperative Workplaces Symposium
The Fair Work Commission in partnership with Macquarie
University presents a Symposium on Cooperative Workplaces to be
held via Zoom on 13 and 14 October 2020.(15 September 2020).
More...
Cases
Qantas Airways Limited v Flight Attendants'
Association of Australia (The JobKeeper Case)
[2020] FCA 1365
INDUSTRIAL LAW – Commonwealth JobKeeper Scheme
– amount payable to employee for work performed during the
fortnight – method of calculation
STATUTORY INTERPRETATION – reliance upon statutory rules to
construe statute – part of legislative framework
contemporaneously prepared
Fair Work Act 2009 (Cth) Pt 6-4C, ss 789GA, 789GB, 789GC, 789GD,
789GDA.
Construction, Forestry, Maritime, Mining and Energy
Union v Kyren Pty Ltd [2020] FCA
1356
INDUSTRIAL LAW – admitted contraventions of s 501
and s 502(1) of the Fair Work Act 2009 (Cth) – determination
of penalties – relevant considerations in determining
appropriate declarations and penalties
Fair Work Act 2009 (Cth) ss 480, 494, 497, 498, 499, 501, 502, 546,
793
The First Respondent, Kyren Pty Ltd, pay a pecuniary penalty of
$15,000 in respect of its contravention of s 501 referred to in the
first declaration above
The Second Respondent, Mr Donald McCondichie, pay a pecuniary
penalty of $3,800 in respect of his contravention of s 501 of the
FW Act referred to in the first declaration above
The Second Respondent, Mr Donald McCondichie, pay a pecuniary
penalty of $1,800 in respect of his contravention of s 502(1) which
is the subject of the second declaration above.
Commissioner of the Australian Building and
Construction Commission v Hall & Ors (No.3)
[2020] FCCA 2352
INDUSTRIAL LAW – Assessment of penalties –
multiple contraventions of the Fair Work Act 2009 (Cth) ("the
FW Act") established regarding the conduct of CFMEU officials
on three different building sites over a period of seven months
– whether declarations should be made in respect of the
Respondents – consideration of principles relevant to
assessment penalties – quantum of penalties – where
Applicant sought maximum penalties to be imposed – need for
specific and general deterrence – declarations made –
penalties ordered
Fair Work Act 2009 (Cth), ss.494, 497, 499, 500, 503, 545.
Fair Work Ombudsman v Soma Kitchen Pty Ltd & Anor
(No.2) [2020] FCCA
2583
INDUSTRIAL LAW – Penalty hearing – factors for
consideration – no engagement by respondents – mid
range penalty imposed. Fair Work Act 2009 (Cth), ss.539, 546, 557,
682, 716.
Bone v Mini Majhel Pty Ltd & Anor
(No.2) [2020] FCCA
2603
INDUSTRIAL LAW – Appropriate civil penalties to be
paid by the Respondents pursuant to section 546 of the Fair Work
Act 2009 (Cth)
Fair Work Act 2009 (Cth), ss.12, 44(1), 45, 535, 545, 546, 550,
557
Fair Work Regulations 2009 (Cth), r.3.42
(1) Pursuant to section 546 of the Fair Work Act 2009 (Cth) within
42 days the First Respondent shall pay a pecuniary penalty of
$70,200 for contraventions set out in the declarations made on 11
June 2020
(2) Pursuant to section 546 of the Fair Work Act 2009 (Cth) within
42 days the Second Respondent shall pay a penalty of $14,040 for
contraventions set out in the declarations made on 11 June
2020.
Nabi v New Era Balustrading & Anor
(No.2) [2020] FCCA
2246
INDUSTRIAL LAW – Civil penalty proceedings pursuant
to s 546 (1) of the Fair Work Act 2009 (Cth) – exercise of
workplace right – underpayments – agreed penalty
– penalty imposed
(1) Pursuant to s 546 of the Fair Work Act 2009 (Cth), a penalty of
$20,000.00 is imposed on the first respondent, to be paid to the
applicant
(2) Pursuant to s 546 of the Fair Work Act 2009 (Cth), a penalty of
$10,000.00 is imposed on the second respondent, to be paid to the
applicant.
Construction, Forestry, Maritime, Mining and Energy
Union v Melbourne Precast Concrete Nominees Pty Ltd (No
3) [2020] FCA 1309
INDUSTRIAL LAW – employment – where
declarations previously made that respondents contravened ss 50 and
340(1) of the Fair Work Act 2009 (Cth) (FW Act) by dismissing
second applicant – reinstatement and compensation for
economic loss previously ordered – whether respondents should
also pay compensation for non-economic loss and pecuniary penalties
– appropriate quantum of compensation – number of
penalties to be imposed – whether rule against civil double
jeopardy in s 556 of the FW Act applies – appropriate quantum
of penalties.
Budathoki v Consult Security Pty Ltd & Ors
(No.2) [2020] FCCA
2372
INDUSTRIAL LAW – Application for relief arising from
earlier liability judgment – consideration of matters
relevant to the fixing of pecuniary penalties
Fair Work Act 2009 (Cth), ss.44, 45, 90, 117, 323, 536, 545, 546,
547, 550, 557.
Bell & Ouyen Hotel Pty Ltd (No.2)
[2020] FCCA 2370
INDUSTRIAL LAW – Applications for consequential
orders and relief for following liability judgment –
consideration of matters relevant to quantum of penalties –
declarations sought by applicant found by court to be
superfluous
Fair Work Act 2009 (Cth), ss 45, 340, 535, 536, 546, 557; Fair Work
Regulations 2009 (Cth), div 3, pt 3-6
(1) The respondent pay the applicant: (a) $10,299.25 for
underpayment of wages.
Legislation
Commonwealth
Fair
Work Amendment (Improving Unpaid Parental Leave for Parents of
Stillborn Babies and Other Measures) Bill
2020
Introduced in the House of Representatives
03/09/2020 - A Bill for an Act to
amend the Fair Work Act 2009 in relation to unpaid parental leave,
and for related purposes
Fair
Work Amendment (One in, All in) Bill 2020 [No.
2]
Introduced in the House of Representatives 03/09/2020
01/09/2020 - This Bill will give the Fair Work Commission (FWC) the
power to deal with disputes relating to employee eligibility for
the Jobkeeper payment.
NSW
Regulations and other miscellaneous instruments
Long Service Leave Amendment (COVID-19 Prescribed Period)
Regulation 2020 (2020-540) — published LW 11 September
2020
Queensland
Subordinate legislation as made – 04 September
2020
No 182
Proclamation No. 2—Community Services Industry (Portable Long
Service Leave) Act 2020 (commencing remaining provisions)
No 183
Community Services Industry (Portable Long Service Leave)
Regulation 2020
Bills
Criminal Code and Other Legislation (Wage Theft) Amendment Bill
2020
Stage reached: Passed with amendment on 9/09/2020
Assent Date: 14/09/2020 Act No: 34 of 2020 Commences: see Act for
details
The Act increases the maximum penalties in the Criminal Code for
the offences of stealing and fraud relating to wage theft, and
facilitating the Industrial Magistrates Court's jurisdiction
for wage recovery matters, including the small claims wage recovery
procedure for matters of not more than $20,000 under section 548 of
the Fair Work Act 2009 (Cth). Parts 3 and 5 commence on a day to be
fixed by proclamation.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.