Byline: David McLaughlin

Our latest news and insights

A collection of articles, case studies and media releases highlighting the latest in legal news and at Rigby Cooke Lawyers.




Get our newsletter

Stay up to date with the latest legal insights and news

Sign Up

Fair Work Commission appeal against ‘sleeping on the job’ decision

13 September 2023

BS v Active Crane Hire Pty Ltd [2023 FWCFB] 152

On 1 September 2023, BS (Applicant) succeeded in an appeal in the Fair Work Commission against a decision of Deputy President Boyce issued on 25 January 2023. BS had applied for an unfair dismissal remedy against his former employer, Active Crane Hire Pty Ltd (Respondent). The Respondent’s reason for dismissing the Applicant was unsatisfactory performance involving sleeping on duty.

read more

New government’s proposed workplace relations reforms

17 June 2022

The Australian Labor Party (ALP) proposed a number of amendments in the workplace and industrial relations space which, given the election outcome, the Albanese government is likely to pursue.

read more

It all depends on the written contract

10 February 2022

Two related decisions handed down by the High Court of Australia on Wednesday 9 February 2022 continue the approach of the Court enunciated in the Workpac v Rossato [2021] HCA 23 (Rossato) decision handed down last year giving primacy to the terms of the written contract to determine the nature of the relationship between the parties.

read more
Mandatory Vaccination

Extension of Victorian Mandatory Vaccination requirements and booster shot requirements

13 January 2022

The Victorian Government has again extended Mandatory Vaccination requirements for workers and operators of specified facilities from 11.59pm 12 January 2022 under the Pandemic Orders1.

read more
Mandatory Vaccinations

Mandatory Vaccinations for all Victorian authorised workers

04 October 2021

On Friday 1 October, the Victorian Premier announced new rules in relation to vaccination requirements for workers attending workplaces.

read more
sexual harassment

New powers for FWC to deal with sexual harassment issues

03 September 2021

In a partial implementation of the recommendations arising from the Sex Discrimination Commissioner’s Respect@Work report, the Federal Parliament has passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021. The Act will commence when it receives Royal Assent which is expected to occur in the coming days.

read more
Federal Budget

Federal Budget 2021-22: overview of Workplace Relations measures

17 May 2021

The Treasurer handed down the Federal Budget last week. Detailed below are the key tax measures announced that are relevant to Human Resources managers who will need to familiarise themselves with the developments.

read more

No vaccination jab, no job?

14 May 2021

The Fair Work Commission (FWC) has recently handed down two significant decisions which turn to the question of whether requiring an employee to receive an influenza vaccination is a lawful and reasonable direction.

read more

Industrial Relations Omnibus Bill update

30 March 2021

Significant amendments to the proposed Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (the Bill) were circulated and passed on 17 March 2021 at the Senate.

read more

HR Hot Tip – Which industrial instruments apply to which groups of employees?

22 October 2020

Welcome to our series of HR interviews with Lawyer Monika Nosal who answers some of the most common questions asked by HR managers regarding employees’ legal entitlements.

read more
Wage Theft Act

The Wage Theft Act commences operation

04 September 2020

This article was first published on 3 September 2020 by AMTIL.

The phrase ‘wage theft’ has been introduced into the Australian industrial landscape.

read more
Personal Leave

High Court rules on personal leave

17 August 2020

On Thursday 13 August 2020, the High Court handed down its much-anticipated decision in the “Mondelez” case. This matter involved an appeal by Mondelez against the Federal Court Full Court decision which effectively held that 10 days personal leave under the National Employment Standards was 10 days regardless of the ordinary hours worked on any day. For Mondelez, this meant that 12-hour shift workers could have 10 days of 12 hours of personal leave per year, equal to 120 hours of personal leave per year.

read more

New duty to report COVID-19 to WorkSafe

30 July 2020

Consistent with the ever-changing workplace during this COVID-19 Pandemic, another new requirement has been introduced for employers.

read more
wage increase

Preparing for 1 July 2020 (and beyond) – Increases to wages and remuneration

22 June 2020

Annual Wage Review Decision

On 19 June 2020, the Fair Work Commission handed down its 2020 Annual Wage Review Decision. The key elements of the decision are:

  • the national minimum wage will increase by 1.75% from $19.49 to $19.84 per hour from 1 July 20201 ; and
  • a 1.75% increase to full-time minimum wage rates in modern awards.
read more

JobKeeper – Remember to claim for your eligible business participant

26 May 2020

The JobKeeper payment scheme was announced on 30 March 2020 with the objective of providing financial support to entities to assist with the impact of COVID-19. Since that time, there has been a significant amount of information released to explain the complex operation of the scheme, including Treasury Rules, Australian Tax Office (ATO) rulings and guidelines, together with amendments to the Fair Work Act 2009 to enable employers to temporarily vary work arrangements for eligible employees.

read more

The Legal Life – meet David McLaughlin

08 January 2020

Meet David McLaughlin, who leads Rigby Cooke’s Workplace Relations team.

David shares why he chose law and how he undwinds.

read more