Jones ats Queensland Tertiary Admissions Centre Limited [2009] FCA 1382. (25 November 2009)

Justice Collier of the Federal Court has issued an interlocutory injunction in favour of an Applicant to stop her potential dismissal.

The Applicant, Elizabeth Louise Jones, was the Chief Executive Officer of the Queensland Tertiary Admissions Centre (QTAC). The Centre processes applications for admissions to the majority of undergraduate courses offered by universities in Queensland and, also Bond University, The Australian Maritime College in Tasmania and to some courses at universities in Northern New South Wales. It also processes applications for diploma courses in Queensland institutes of TAFE and other private providers of post-secondary education. [...] Continue Reading…

Hughes ats Mainrange Corporation Pty Limited [2009] FMCA 1025 (9 October 2009).

This decision of Federal Magistrate Lucev gives some guidance concerning legal representation in cases heard under the small claims procedures found in the Fair Work Act, 2009 (Cth). The court said that this was the first occasion on which the right to appear by a lawyer under the small claims procedures had arisen. [2] In particular, the provision dealing with lawyers under small claims procedures is s 548(5) and (6), which reads, [...] Continue Reading…

I am pleased to announce the acquisitions of a series of bird paintings by Andrew Sullivan from his recent exhibition held at the Flinders Street Gallery.

To see more of Andrew’s work from this recent exhibition click here. [...] Continue Reading…

Australian Maritime Officers Union ats Sydney Ferries Corporation, [2009] FCAFC 145 (15 October 2009).

A unanimous decision of the Full Court of the Federal Court has upheld an appeal in relation to whether income protection provisions contained in a Workplace Agreement were prohibited content. The Judge below found they were, and as a consequence the provision did not apply. The provision related to the Workplace Agreement, which bound the Sydney Ferries Corporation with its Maritime Officers. In accordance with the Agreement, Sydney Ferries agreed:

“To insure its Maritime Officers for income protection insurance for long term illness and injury equivalent to 75% of his/her salary after a three month qualifying period commencing as soon as practicable after the lodgment of the Agreement.” [1]. [...] Continue Reading…

Australian Postal Corporation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2009] FWAFB 599 (12 October 2009).

A Full Bench of Fair Work Australia comprising Senior Deputy President Acton, Deputy President Hamilton and Commissioner Blair have for the first time by a Full Bench, made a determination that an employer is sufficiently interested in an application for a protected action ballot made under the Fair Work Act 2009 (the Act) and that it can be heard not only below, but also on appeal. [...] Continue Reading…