Review of cases and legislation June 2001

News

Review of cases and legislation June 2001

June 2001 has witnessed some important legal developments in the area of workplace relations, with tribunals delivering landmark decisions regarding termination of employment, workplace agreements, enterprise bargaining and more

WantToReadMore

Get unlimited access to all of our content.

June 2001 has witnessed some important legal developments in the area of workplace relations, with tribunals delivering landmark decisions regarding termination of employment, workplace agreements, enterprise bargaining and more... 

This article provides a summary of selected cases and outlines areas where legislative developments have occurred in June 2001. 

  • Legislation
  • Termination of Employment
  • Australian Workplace Agreements
  • State Wage Case 2001
  • Enterprise Bargaining
  • Restraint of Trade
Legislation Industrial Relations Amendment (Leave for Victims of Crime) Act 2001 (NSW) (HR Link 72/2001)
  • Amends the principal Act by inserting a new Part 4B into Chapter 2.
  • The amendment provides for unpaid victims leave to attend court proceedings related to a violent crime.
  • Commence upon Assent, which was 19 June 2001.
Industrial Relations Amendment Act 2000 (NSW) and the amendments to Schedule 4 of the principal Act – refer to Dick Grozier email of 25 June 2001
  • The third edition of the Act fails to include the new clause 13A and clause 17A(2) into Schedule 4 of the principal Act.
  • Clause 13A counts service prior to the commencement of the Amendment Act as service for the entitlement of parental leave.
  • Clause 17A(2) provides that the new section 83(1A) does not apply to federal award employees terminated prior to commencement of the new section 83(1A).
Remuneration cap concerning unfair dismissals – refer to Dick Grozier email of 28 June 2001
  • Note that the new cap ($75,200) and maximum compensation ($37,600) influences application of section 170CC(3)(b), 170CC(4)(b) and 170CH(9)(b) of the Workplace Relations Act and reg 30BB of Regulations.
  • The new cap on remuneration and compensation affects the application of section 83(1)(b) and section 89(5) of the Industrial Relations Act and reg 5A(1) of the Regulations.
Long Service Leave in Queensland
  • Amendment to Industrial Relations Act 1999 (Qld) commenced on 3 June 2001.
  • Entitlement to long service leave after 10 years continuous service instead of 15 years.
  • The entitlement is now 8.6667 weeks on full pay for each 10 years continuous service, as opposed to 13 weeks for 15 years service.
  • Under certain conditions pro rata payments may be made after 7 years.
  • Under certain conditions long service leave may be cashed out after 10 years.

INDEX

Termination of employment Jancso v Telstra Corporation Limited, PR904791, (Full Bench) (HR Link 6)
  • Breaches of privacy policies or codes of conduct may constitute a valid reason for termination of employment.
Scott Carver v Craig, PR901504, (Full Bench) (HR Link 71/2001)
  • Individuals that do not have a right to severance pay through an award or industrial instrument cannot seek an order for such payments under section 170FA.
  • The purpose of section 170FA is to give effect to the requirements of the ILO Termination of Employment Convention by way of general application.

INDEX

Australian workplace agreements 
 
Schanka & Ors v Employment National (Administration) Pty Ltd, [2001] FCA 579, (Moore J) (HR Link 60/2001)
  • In making continued employment conditional upon the signing of an AWA, Employment National (Administration) was found to have applied duress in contravention of section 170WG.
  • The circumstances of this case were distinguished from Burnie Ports where the conduct alleged to constitute duress was in the making of an offer of employment to prospective employees who had no pre-existing relationship with the employer.
State wage case 2001
 
State Wage Case 2001, [2001] NSWIRComm 119, (Full Bench) (HR Link 61/2001)
  • The NSWIRC followed the AIRC and awarded $13/$15/$17 increases.
  • Work related allowances increased by 3 per cent.
  • Junior rates expressed as monetary amounts increased by 3 per cent.
  • Lagging awards may be dealt with as a special class of awards.

INDEX

Enterprise bargaining
 
Professional Officers’ Association (Victoria) v CSL Ltd, [2001] FCA 628, (Kenny J) (HR Link 64/2001)
  • Interlocutory injunction preventing employer from excluding union from negotiations for a new enterprise agreement.
  • The exclusion of union meant that members of the union were afforded less favourable treatment.

INDEX

Restraint of trade
 
Hitech Contracting Limited v Lynn, [2001] NSWSC, (Austin J) (HR Link 70/2001)
  • A consultant was restrained from working in the NSW recruitment industry for 3 months.
  • The decision dealt with ‘cascading restraint provisions’ in relation to territory and duration of restraint.

INDEX


Back to WorkplaceInfo Homepage

 
Post details