Two male workers look at one female worker in a warehouse setting

Another casual conundrum: substance over form prevails (again)

The Full Federal Court has confirmed that the common law definition of ‘casual’ applies for the purpose of the National Employment Standards. By JACK DE…

By and - 2 min read
Office desk with coffee and iPad.

The limitations of a modern day bag search

Employers may inspect a mobile phone where there is an express contractual right or by reasonable and lawful direction, but the bar for that is…

By and - 1 min read
Vulnerable worker uses a sewing machine

Corporate accountability and transparency: a modern approach to combat slavery

Ethical supply chains are under the spotlight as the Commonwealth and New South Wales legislatures move to increase transparency about modern slavery. By JACK DE FLAMINGH…

By and - 2 min read
overhead view of intersecting motorways with cars

The Heavy Vehicle National Law and the Chain of Responsibility

Amendments to the Heavy Vehicle National Law place obligations on all in the supply chain to regulate operations to comply with a duty of care….

By and - 1 min read
Woman holding heart-shaped snowball

Taking the trial out of the office tryst: just how much should an employer do?

Policies encouraging disclosure of romantic relationships to avoid conflicts of interest are the best means to manage risks of workplace romance. By JACK DE FLAMINGH…

By and - 2 min read
manager supervises factory assembly line

Alphabet soup: CFMMEU emerges as Australia’s first ‘super union’

In March 2018, a single member of the Fair Work Commission approved the amalgamation of the CFMEU, MUA, and TCFUA into a new ‘super union’….

By and - 1 min read
woman with head on desk

Unfit for work? The Fair Work Commission will decide

The recent decision in CSL Limited T/A CSL Behring v Papaioannou [2018] FWCFB 1005 has resolved conflicting authority in unfair dismissal proceedings. By JACK DE…

By and - 1 min read
man carries box of personal items across an office

‘Outer limit’ contracts within unfair dismissal bounds

An ‘outer limit’ contract (also known as a maximum term contract) is a contract that has a stated end date. A recent ruling deserves close…

By and - 2 min read
High Court of Australia

Bargaining under the Fair Work Act & lessons in grammar from the HCA

The High Court of Australia’s  decisions in ‘Esso’ and ‘Aldi’ have significant effects on enterprise bargaining in Australia. By JACK DE FLAMINGH and CHRIS BELL.

By and - 1 min read

Festive not foolish: a guide to surviving the silly season in (and out of) the workplace

How to get through the holiday period in one piece and without incident. By JACK DE FLAMINGH.

By - 8 min read