(2013), `Equal Pay under the Fair Work Act 2009: Mainstreamed or Marginalised?', UNSW Law Journal, 36(2), 563-586.Macdonald F, Charlesworth S (2013) Equal pay under the Fair Work Act 2009 (Cth): Mainstreamed or marginalised? University of New South Wales Law Journal, 36: 563-586...
In 2012 the first equal pay case following changes to equal remuneration provisions in the Fair Work Act 2009 (Cth) ('FW Act') saw many in the highly feminised and low-paid social and community services ('SACS') workforce awarded significant pay increases. This outcome was widely welcomed ...
The most recent workplace changes have been set out under the Fair Work Act 2009. These new laws were enforceable from 1 July 2009. The main aim of this act is to restore the bargaining power of employees with new general protections for employees, as well as good faith bargaining requireme...
The rights of refusal are workplace rights for the purpose of Part 3-1 of the FW Act, meaning that the employer is prevented from taking adverse action against an employee who exercises or proposes to exercise this right. What is considered reasonable in the context of the ‘right to di...
The Federal Circuit Court has applied a strict interpretation of the accessorial liability provisions in the Fair Work Act 2009 (FW Act) to find a director to be personally liable for the underpayment of approximately 150 employees. In summary, Judge Manousaridis ...
F. MacDonald & S. Charlesworth, Equal pay under the Fair Work Act 2009 (Cth): Mainstreamed or marginalised.University of New South Wales Law Journal, 36(2), 2013, pp. 563–586. 52. M. Smith & G. Whitehouse, Wage-setting and gender pay equality in Australia: Advances, retreats and...
It then examines it in the light of the recent amendments to the Fair Work Act 2009 (Cth) contained in the new Part 6-4C. A number of the new powers given to employers have been curbed by the requirement that they be exercised reasonably. It is unclear how reasonableness will be ...
Section 107 of the US Copyright ACT of 1976, as amended provides that: Notwithstanding the provisions of sections 106 and 106A, the fair use of copyright work including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as ...
This article aims to elucidate the legal principles governing the right of striking employees in Australia to payment during periods of industrial action. It explains briefly the common law antecedents to the strike pay provisions of the Fair Work Act 2009 (Cth) and discusses in detail a number...
Discrimination in employment on the basis of a person's "social origin" is prohibited in Australia by the Fair Work Act 2009 (Cth) and the Australian Human Rights Commission Act 1986 (Cth). This article gives meaning to the term "social origin" in ILO Conventions, the Fair Work Act 2009...