Workplace relations has had centre stage in the popular press over the last few weeks. This front page treatment has come about because of the imbroglio at high-end retailer David Jones and the alleged sexual harassment by the former CEO of a junior staff member, Kristy Fraser-Kirk. What has attracted the attention has been of the large claim for damages of $37 million. Also in focus has been her legal representatives, Harmer’s Workplace Lawyers. Harmer’s was set up over 14 years ago when its principal Michael Harmer left the industrial law practice at Freehills and set up a firm dedicated to workplace law. Michael Harmer himself has been the subject of a recent in-depth article published in the Australian newspaper business magazine “The deal” in July. [...] Continue Reading…

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. [...] Continue Reading…

Here is an article I wrote about the NSW Industrial Relations Commission and the implications for it arising out of the High Court decision in Kirk.

This piece was published in The Australian news paper – Legal Affairs section. [...] Continue Reading…

I have been appointed a General Editor to Thomson Reuters’ new quarterly publication called “ Workplace Review “ for a sample of the pieces in the first edition Click Here [...] Continue Reading…

Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39 (18 May 2010)

The Construction Forestry Mining and Energy Union (CFMEU) and one of its officials, Mr Bob Mates have failed in their attempt to overturn the level of penalties imposed upon them by the trial judge in the Federal Court. The Full Court of the Federal Court, by majority (Middleton and Gordon JJ with Moore J partly in dissent), have rejected the appeals and the trial judge’s level of penalties stands. [...] Continue Reading…