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employment & labour
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Intellectual Freedom & Contractual Limits at jcu
The litigation between Professor Peter Ridd and James Cook University represents one of the most instructive modern Australian cases on how intellectual freedom operates within the confines of employment contracts. Rather than establishing a broad constitutional or common-law right of academic free speech, the case turned on the contractual interpretation of an enterprise agreement clause and its interaction with disciplinary powers. Specifically, the dispute concerned how an
By THE BRIEF EDITORIAL
COvid mandates lawful at mt arthur coal
COVID reared its ugly head in many ways across the world, being highly contentious at a political level and provocative in living rooms, where the realm of an individual's rights at a personal and professional level had never required such a declaration of moral standing. The coal industry has enough contention and coverage about its morals and actions, but add COVID mandates, and the Mt Arthur Coal mine was burning hot. Background In this instance, under the spotlight was th
By THE BRIEF EDITORIAL
qantas fined & establish $120M compensation fund
In 2020, during the height of the COVID-19 pandemic, Qantas Airways Ltd undertook a large-scale restructuring program, resulting in the outsourcing of approximately 1,820 ground-handling positions across its Australian operations. This workforce included baggage handlers, aircraft cleaners, and ramp staff, many of whom were unionised and represented by the Transport Workers’ Union (TWU). Background At the peak of the COVID-19 pandemic, Australia’s aviation sector was operatin
By THE BRIEF EDITORIAL
would you like fries with that 10 minute break?
In 2023, a nationwide class action was filed in the Federal Court of Australia against McDonald’s Australia Limited and a series of franchisees, coordinated by the Retail and Fast Food Workers Union (RAFFWU) and supported by Shine Lawyers. The claim focused on systemic non-compliance with the Fast Food Industry Award 2010 (Cth), specifically regarding the provision of paid 10-minute rest breaks for employees working four-hour shifts or longer. history An earlier Federal Court
By THE BRIEF EDITORIAL
the show must go on during port negotiations
In late 2023, a protracted industrial relations dispute between DP World Australia and the Maritime Union of Australia (MUA) crystallised around the negotiation of a replacement enterprise agreement covering stevedoring staff at Australia’s four principal container terminals - Sydney, Melbourne, Brisbane and Fremantle. The legal foundation of the dispute was the enterprise bargaining framework in the Fair Work Act 2009 (Cth), which enables employees to take protected industri
By THE BRIEF EDITORIAL
hC delivers clarity for independent contractors
Deliveroo Australia Pty Ltd v Diego Franco is a defining case at the intersection of Australia’s expanding gig economy and the legal boundaries of traditional employment protections. At its core was a straightforward yet legally profound question: under the Fair Work Act 2009 (Cth), was a delivery rider engaged via a digital platform an employee with access to statutory unfair dismissal remedies, or an independent contractor operating a commercial service provider? The answer
By THE BRIEF EDITORIAL
Redundancy, it is or it isn't — Helensburgh Coal v Bartley
At its core, Helensburgh Coal Pty Ltd v Bartley & Ors is not a dispute about whether an employer may restructure its workforce. That power is well established under Australian employment law. Instead, the case turns on a narrower but more consequential legal question: when employees are dismissed as redundant, how far must an employer go to consider alternative workforce arrangements before the dismissal can lawfully be described as a “genuine redundancy”? The High Court’s an
By THE BRIEF EDITORIAL
Alleged Bullying and a Toxic Workplace at ASx
The employment dispute brought by former Australian Securities Exchange (ASX) executive Jamie Halstead has surfaced during a period of sustained institutional scrutiny for Australia’s primary financial markets operator. Since the appointment of Helen Lofthouse as Chief Executive Officer, the ASX has faced heightened regulatory engagement and public criticism in relation to technology governance, platform reliability, and disclosure practices. Much of that attention has focuse
By THE BRIEF EDITORIAL
Robert Smith v Qube Ports — Unfair Dismissal
The dismissal of Robert Smith, a long-serving stevedore employed by Qube Ports Pty Ltd since 2009, illustrates how the Fair Work Commission (FWC) assesses proportionality and procedural fairness when disciplinary action escalates to termination. The case is not primarily about social media activity or engagement, but about whether the employer’s response was reasonable given the prior disciplinary history, the nature of the conduct, and the process followed. The matter was br
By THE BRIEF EDITORIAL
back to the future - e&L 100 years ago
In the early 1920s, the Australian federal industrial relations system, operating under the Commonwealth Conciliation and Arbitration Act 1904 - 1920, was tasked with resolving industrial disputes through conciliation and arbitration. The system permitted the creation of awards to settle conflicts between employers and employees and, in some circumstances, to establish industry-wide conditions, and in this case the boundaries of union coverage were tested. background In 1925,
By CJ DORE
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