https://jeffreyphillipssc.com.au Mon, 31 Mar 2025 12:42:40 +0000 en-US hourly 1 http://wordpress.org/?v= https://jeffreyphillipssc.com.au/evidence-in-the-fair-work-and-employment-law-context/?utm_source=rss&utm_medium=rss&utm_campaign=evidence-in-the-fair-work-and-employment-law-context https://jeffreyphillipssc.com.au/evidence-in-the-fair-work-and-employment-law-context/#comments Wed, 03 Jul 2024 04:46:52 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=1408 https://jeffreyphillipssc.com.au/evidence-in-the-fair-work-and-employment-law-context/feed/ 0 https://jeffreyphillipssc.com.au/moffet-v-dental?utm_source=rss&utm_medium=rss&utm_campaign=moffet-v-dental-corporation-case-note-by-wazeem-kadir https://jeffreyphillipssc.com.au/moffet-v-dental#comments Sat, 13 Jul 2019 07:25:56 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=1189 https://jeffreyphillipssc.com.au/moffet-v-dental/feed/ 0 https://jeffreyphillipssc.com.au/paper-tiger-informax-international-v-clarius-group/?utm_source=rss&utm_medium=rss&utm_campaign=paper-tiger-informax-international-v-clarius-group https://jeffreyphillipssc.com.au/paper-tiger-informax-international-v-clarius-group/#comments Wed, 07 Mar 2012 03:22:58 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=743 Workplace Review Summer 2011. Available from Thompson Reuters. In this paper I review Infomax International PTY Ltd v Clarius Group Ltd (No 2) [2011] FCA 934. View "Jeffrey Phillips on the case"]]> https://jeffreyphillipssc.com.au/paper-tiger-informax-international-v-clarius-group/feed/ 0 https://jeffreyphillipssc.com.au/on-the-case-federal-court-comedian-discovers-industral-labyrinth/?utm_source=rss&utm_medium=rss&utm_campaign=on-the-case-federal-court-comedian-discovers-industral-labyrinth https://jeffreyphillipssc.com.au/on-the-case-federal-court-comedian-discovers-industral-labyrinth/#comments Wed, 09 Nov 2011 12:18:19 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=722 Deva v University of Western Sydney.]]> https://jeffreyphillipssc.com.au/on-the-case-federal-court-comedian-discovers-industral-labyrinth/feed/ 0 https://jeffreyphillipssc.com.au/of-roosters-ducks-and-elephants/?utm_source=rss&utm_medium=rss&utm_campaign=of-roosters-ducks-and-elephants https://jeffreyphillipssc.com.au/of-roosters-ducks-and-elephants/#comments Tue, 06 Sep 2011 13:04:16 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=701 https://jeffreyphillipssc.com.au/of-roosters-ducks-and-elephants/feed/ 160 https://jeffreyphillipssc.com.au/spanky-bankys-employment-tribunal/?utm_source=rss&utm_medium=rss&utm_campaign=spanky-bankys-employment-tribunal https://jeffreyphillipssc.com.au/spanky-bankys-employment-tribunal/#comments Sun, 01 May 2011 02:50:57 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=630 On The Case By Jeffrey Phillips

1. In the ABC Insiders’ compere Barry Cassidy’s new book called, “Party Thieves” (Melbourne University Press), former Prime Minister Kevin Rudd is said to have referred to the United Nations Secretary-General Ban Ki-Moon as “Spanky Banky”. However, New South Wales Supreme Court Justice Michael Adams, in a series of decisions , whilst on secondment to the United Nations’ internal employee tribunal , the United Nations Dispute Tribunal( UNDT) has given some UN officials a thorough spanking. (See Betucci ats Secretary-General of the United Nations Judgment Order No. 59(NY/2010)/Rev.1. Justice Adams who a few years ago, delivered a leading case on gross workplace bullying (Naidu ats Group 4 Securitas Pty Limited & Anor [2005] NSWSC 618) was not going to be bullied by some unknown UN officials unwilling to submit to the orders of their own tribunal.

]]> https://jeffreyphillipssc.com.au/spanky-bankys-employment-tribunal/feed/ 298 https://jeffreyphillipssc.com.au/McDonalds-Australia-Enterprise-Agreement-2009-Appeal-2010?utm_source=rss&utm_medium=rss&utm_campaign=the-revenge-of-ronald-mcdonald https://jeffreyphillipssc.com.au/McDonalds-Australia-Enterprise-Agreement-2009-Appeal-2010#comments Wed, 28 Jul 2010 04:53:18 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=549 McDonald’s Australia Enterprise Agreement 2009 Appeal [2010] FWAFB 4602 A Full Bench of Fair Work Australia (FWA) (Vice President Watson, Senior Deputy President Kaufman and Commissioner Raffaelli) on the 21 July 2010, have handed down its reasons for a decision in an appeal relating to the McDonald’s Australia Enterprise Agreement 2009. The decision at first instance was reported in Workplace Review (see (2010) 1 WR 20) in an article entitled “Egg McMuffin Over The Face” dealing with the decision of Commissioner Donna McKenna ([2010] FWA 1347 ,23 April 2010), in which she refused to approve the Enterprise Agreement covering McDonald’s 80,000 employees at its many outlets throughout Australia.]]> https://jeffreyphillipssc.com.au/McDonalds-Australia-Enterprise-Agreement-2009-Appeal-2010/feed/ 151 https://jeffreyphillipssc.com.au/cfmeu-mining-and-energy-division-ats-tahmoor-coal/?utm_source=rss&utm_medium=rss&utm_campaign=cfmeu-mining-and-energy-division-ats-tahmoor-coal https://jeffreyphillipssc.com.au/cfmeu-mining-and-energy-division-ats-tahmoor-coal/#comments Wed, 12 May 2010 01:19:46 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=493 Construction, Forestry, Mining and Energy Union – Mining and Energy Division ats Tahmoor Coal Pty Limited [2010] FWAFB 3510. This decision deals with good faith bargaining requirements under the Fair Work Act ( the Act), which was on appeal from a decision of Commissioner Roberts of the 12 February 2010 (see [2010] FWA 942). Permission was granted to appeal in the public interest, as the appeal was said to raise matters for consideration concerning important new statutory provisions, which had not been considered at a Full Bench level before [1]. The case below was one in which the CFMEU, on behalf of its members working in this coal mine, had sought a number of bargaining orders. The CFMEU was unsuccessful and on appeal, narrowed the nature of the orders it sought. The making of bargaining orders, comes under Chapter 2, Division 8 of the Act. That division is headed, “FWA’s General Role in Facilitating Bargaining”. This case highlights the role that Fair Work Australia will have, and the circumstances in which that tribunal can be enlisted to assist parties to reach an agreement.]]> https://jeffreyphillipssc.com.au/cfmeu-mining-and-energy-division-ats-tahmoor-coal/feed/ 0 https://jeffreyphillipssc.com.au/adverse-action-jones-ats-queensland-tertiary-admissions-centre/?utm_source=rss&utm_medium=rss&utm_campaign=adverse-action-jones-ats-queensland-tertiary-admissions-centre https://jeffreyphillipssc.com.au/adverse-action-jones-ats-queensland-tertiary-admissions-centre/#comments Fri, 07 May 2010 00:46:51 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=468 Jones ats Queensland Tertiary Admissions Centre Limited (No.2), [2010] FCA 399 (29^th April 2010). Justice Collier of the Federal Court of Australia, sitting at Brisbane, had earlier issued interlocutory orders restraining QTAC from taking any action against the Applicant, Ms Jones until the hearing of the substantive Application filed in these proceedings. See Jones ats Queensland Tertiary Admissions Centre Limited (2009) FCA 1382, and also the comment published on this website on the 3 December 2009. After having heard the substantive application, Justice Collier dismissed Ms Jones’ application. Ms Jones, who was the Chief Executive Officer of QTAC, had been the subject of serious bullying allegations by individual employees of QTAC and the Australian Services Union (“ASU”) [1]. Ms Jones had claimed that the ASU had orchestrated a campaign against her, relevant to her conduct in the 2009 enterprise bargaining negotiations as spokesperson for QTAC. Further, that in taking adverse action against her, it was alleged that QTAC had yielded and continues to yield to this campaign by the ASU, in contravention of the Fair Work Act 2009. Ms Jones had sought many orders in her application, amongst which was that her employer not act upon any investigation report received concerning her alleged behaviour. ]]> https://jeffreyphillipssc.com.au/adverse-action-jones-ats-queensland-tertiary-admissions-centre/feed/ 159 https://jeffreyphillipssc.com.au/mcdonalds-australia-enterprise-agreement-2009/?utm_source=rss&utm_medium=rss&utm_campaign=mcdonalds-australia-enterprise-agreement-2009 https://jeffreyphillipssc.com.au/mcdonalds-australia-enterprise-agreement-2009/#comments Wed, 28 Apr 2010 05:19:07 +0000 Jeffrey Phillips SC http://jeffreyphillipssc.com.au/?p=455 McDonald’s Australia Enterprise Agreement 2009 [2010] FWA 1347. ( 23 rd April 2010) Commissioner Donna “Big Mac” McKenna, formerly of the Industrial Relations Commission of New South Wales, now a Commissioner of Fair Work Australia, has rejected an Application filed by Mc Donald’s, for an Enterprise Agreement to cover its 80,000 employees, employed in all McDonald’s outlets in Australia. The Application under s 185 of the Fair Work Act filed by McDonald’s was supported by the union, the Shop Distributive and Allied Employees Association (SDA) which was closely involved in the making of the Agreement and supported its approval . The Commissioner handed down a 102 page judgment of 383 paragraphs, setting out many reasons why the approval of the proposed Agreement would be declined . The length of the judgment is more telling, in that there was no contradictor in the case. The application for approval had been filed last December. The matter had been listed for hearing at various times earlier this year when the Commissioner had raised a number of preliminary concerns about the Application. In February this year, she made a Statement expressing further concerns about the proposed Agreement. The parties provided statutory declarations in addition to the material originally filed, in order to allay the concerns of the Commissioner.]]> https://jeffreyphillipssc.com.au/mcdonalds-australia-enterprise-agreement-2009/feed/ 134