Case Note: Fair Work Ombudsman v Construction, Forestry and Maritime Employees Union (North East Link Project Case) [2024] FedCFamC2G 396

The Construction, Forestry and Maritime Employees Union (CFMEU) and one of its officials have had $51,280.00 in penalties imposed against them for unlawful conduct at a North East Link Project site in February 2021. The action was commenced by the Australian Building and Construction Commissioner but responsibility transferred to the Fair Work Ombudsman in December […]

Employment Law Update: Criminalising Intentional Underpayment

The Fair Work Ombudsman has urged employers and employees with the new Fair Work Legislation (Closing Loopholes) Act 2023 (Cth) (“Closing Loophole Laws”). One significant change is that, starting not before 1 January 2025, intentional underpayment of wages will be a criminal offence. This means that should an employer intentionally engage in conduct that results […]

Case Note: Plunkett v Portier Pactific Pty Ltd (Civil Claims) [2024] VCAT 205

Do you have proceedings at VCAT? Should your case be referred to a Court instead… The recent case of Plunkett v Portier Pacific Pty Ltd considered this and was referred to the Supreme Court.  How did the referral from VCAT to the Court occur Under section 77 (1) of the Victorian Civil and Administrative Tribunal […]

Employment Law Update – Right to Disconnect

The Fair Work Commission is investigating whether flexible work-from-home arrangements should be a legal entitlement for around 2.2 million workers on award wages. The review (which is also looking at a range of other workplaces issues) will make recommendations to the federal government. Currently, workers do not have a general right or entitlement to work […]

An Australian First: Contingency Fees in Victoria

In an Australian first, contingency fees for lawyers are being proposed in Victoria. That is, lawyers earning their fee by a percentage of a court award or settlement. The Justice Legislation Miscellaneous Amendments Bill 2019 is progressing through Victorian parliament at present. The bill when passed will create a new ‘group class order’ which will […]

AFCA’s Role in BI Insurance Claims and the FCA Test Case

A vast number of Australian businesses have been interrupted by the impact of the COVID-19 pandemic. Media sources have suggested that losses to insurers in Australia could be in the order of $535 million and greater. [i] Various insurance policies cover interruption generally, but this does not necessarily lead to a covered claim. That said, […]

When Is A Claim At The VCAT Statute Barred?

Steedman V Greater Western Water Corporation The recent Victorian Civil and Administrative Tribunal decision in Steedman v Greater Western Water Corporation [2023] VCAT 128 found that the 6 year time limitation in section 5 of the Limitation of Actions Act 1958 (Vic) does not apply to certain statutory claims where VCAT has exclusive jurisdiction. Background […]