Workplace and Employee Relations Update May 2012

Welcome to this issue of the Workplace and Employee Relations Update - May 2012

In this edition we cover:

Federal Court upholds two year post-employment restraint
The Federal Court has recently upheld a two year post-employment restraint against a very senior former employee who had sought to join a direct competitor of the employer in a senior client facing role.

Full Federal Court confirms industrial action in support of agreement may take place prior to bargaining commencing
A Full Federal Court has confirmed previous Fair Work Australia decisions (previously reported in our Workplace (e)ssentials March and July 2011 bulletins) that a protected action ballot order to enable industrial action to proceed may be granted even if the parties to the proposed agreement have not yet commenced bargaining.

New Road Safety Remuneration Tribunal to commence operation in July 2012
The controversial Road Safety Remuneration Act 2012 and Road Safety Remuneration Bill (Consequential Amendments and Related Provisions Act) 2012 have now passed through Federal Parliament.

What does the Pilbara decision mean for collective agreements made under the Workplace Relations Act 1996?
A Full Federal Court has found that an employee collective agreement made under the now repealed Workplace Relations Act 1996 was invalid, because the scope of the agreement was confined by reference only to the date the employees commenced employment.

Pregnant pause as Federal Magistrates' Court considers case of women claiming forced redundancy
After a five day trial in March 2012, the Federal Magistrates’ Court is considering applications for unfair dismissal under the Fair Work Act 2009 by two women who were made redundant by their employer, Virgin Blue Airlines Pty Ltd, allegedly as a result of their pregnancies.

Victorian Supreme Court upholds state's first occupational health and safety victimisation fine
The Victorian Supreme Court has affirmed a Victorian Magistrates’ Court decision to impose a fine of $180,000 on Patrick Stevedoring Pty Ltd for victimising an employee in breach of the anti-victimisation prohibitions in section 76 of the Victorian Occupational Health and Safety Act 2004.