Category: News

Safety v privacy: In a landmark decision, the Fair Work Commission (FWC) Full Bench has held that an employee was unfairly dismissed for refusing to use biometric scanners to sign in at work.

The Therapeutic Goods Administration (TGA), currently uses a standardised, risk-based international classification system (risk-based system) to assess and approve the use, consumption and implantation of medical devices in Australia. The same system is used in the United States, the European Union, the United Kingdom, Canada and Japan.

Accommodating a growing client base in Melbourne’s south-east, Rigby Cooke Lawyers has opened a business hub in Dandenong South to serve business located in the region.

Adjustments to wages and remuneration in the transport industry commence today.

The following tables detail the new minimum rates of pay for part-time and full-time employees under various modern awards, applicable to adult employees in the transport industry.

Accommodating a growing client base in Melbourne’s south-east, we are thrilled to announce that we will be officially opening a South East Business Hub in Dandenong South on the 2 July. Check out the progress of our fit out which has been undertaken by Canopy Fitouts.

The Fair Work Act 2009 (Cth) (FW Act) does not specifically deal with whistleblowers, and the Federal Government has previously rejected proposals to amend the FW Act to link disclosure rights under public and private sector whistleblowing laws with the General Protections in Part 3-1. That said, whistleblowers can still utilise provisions in the FW Act to gain additional protection, including where their disclosure may not actually qualify for protection under whistleblowing laws.

The last few years have seen several high profile cases of senior executives being ‘caught out’ providing fake or misleading information on their CVs/ job applications.

What is the employer’s duty of care?

Employers have a duty under workplace health and safety legislation, including the Occupational Health & Safety Act (2004) (Vic), to provide and maintain (as far as is reasonably practicable) a safe workplace. In addition, employers have a duty to monitor the health of their employees. Criminal prosecution, penalties and potentially imprisonment can result if these statutory duties are breached.

20 June 2019 – Correction to article in footnote 5

Annual Wage Review Decision

On 30 May 2019, the Fair Work Commission handed down its 2019 Annual Wage Review Decision. The key elements of the decision are:

This article is co-authored by Andrew Hudson and Bethany Clark 

During each year we discuss various important decisions handed down by the Tribunals and Courts.

Rigby Cooke Lawyer, led by property partner Darren Marx, recently acted for Stronghold Investment Management on its acquisition of the Cardinia Club from Pakenham Racing Club for $16m. The well established entertainment venue has 105 Electronic Gaming Machines, a large bistro, upmarket sports bar and multiple function rooms. Brisbane based Stronghold is a specialist Business Park and Hospitality sector Fund Manager.

Chapter 11 of the Parliamentary Joint Committee on Corporations and Financial Services ‘Fairness in Franchising Report’ – published in March 2019 – covered the termination of franchise agreements.

Led by partner Michael Gough, Rigby Cooke is delighted to have the opportunity to support Barnes Capital, a premier boutique capital investment firm, on the launch of the Oakwood Hotel and Apartment development in Dandenong.

Rigby Cooke Lawyers have just introduced a new Notary Public offering led by Partner, Rachael Grabovic.

In response to the decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 (WorkPac Decision), the Minister for Jobs and Industrial Relations has made the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Casual Loading Offset Regulations).

After recently assisting our client and hotel developer, Barnes Capital, with the negotiation of a hotel management agreement with IHG, we congratulate the announcement of a new Holiday Inn to be built in Coburg, Melbourne.

We congratulate our client, Melbourne investment company and fund manager PE Capital, who revealed their plans to build an eight-storey, 200-key hotel, at yesterday’s (2 May) annual Australasian Hotel Industry Conference and Exhibition (AHICE).