The Fair Work Commission Full Bench decision of Construction, Forestry, Mar­itime, Min­ing and Ener­gy Union & Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059 (BHP Case) saw BHP have their mandatory vaccination direction overturned by the Fair Work Commission.  It is a significant decision in regard to how COVID-19 vaccine policies and directions should…

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As we head into another new year the effects of COVID-19 on the workplace and in particular employment law has been widely felt.  Even for those industries and companies who are seeing growth opportunities now, the initial impact had many in precarious and uncertain positions.  The team at NB Lawyers – lawyers for employers assisted a number of Employers, Human Resources teams, People and…

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A manufacturing factory worker with 37 years of exceptional service (with only 1 warning) engaging in misconduct would maybe expect to be given some slack by the Fair Work Commission. However, most if not all manufacturing workplaces will not and cannot accept behaviour and conduct that is: Aggressive Disrespectful Abusive words Lack of contrition or…

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SPC’s recent decision to mandate COVID-19 vaccinations will likely be a legal test for those Employers outside of Aged Care, Health and Child Care.  It is a test on several fronts but in particular the practical commercial implications of an Employer dealing with snap lockdowns, quarantining and work from home limitations coupled with legitimate health…

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Cannery manufacturing processor SPC has become the first Australian business outside of the prime areas of Aged Care, Child Care and Health to mandate COVID-19 vaccinations for all staff and visitors. We have already provided guidance and viewpoints on this particular topic in the articles Will Directing An Employee To Take The Vaccine Be Held…

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The Fair Work Commission’s recent decision in Chambers v Toll Transport Pty Ltd[1] (the Decision) is a useful reminder for employers that not all ‘out of work hours’ misconduct by employees may give rise to a valid reason for dismissal especially in the context of a Christmas party.

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