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Industrial action benchbook

An overview of legal procedure & case law

Threats to persons or the economy

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On this page

  • Introduction
  • Threats to life, personal safety, health or welfare
  • Case examples
  • Threats to the economy
  • Case examples
  • Orders
  • References

Introduction

See Fair Work Act s.424

The Commission must make an order suspending or terminating protected industrial action that is being engaged in or is threatened, impending or probable, if satisfied that the protected industrial action has threatened, is threatening or would threaten:

  • to endanger the life, the personal safety or health, or the welfare, of the population or a part of it, or
  • to cause significant damage to the Australian economy or an important part of it.

It has been established that the following terms are to be given their ordinary meanings.[1] The following dictionary definitions have been adopted previously:

Threaten – constitute a threat to, be likely to injure, be a source or harm or danger.[2]

Threat – a declaration of an intention to inflict pain, injury or other punishment.[3]

Related information

  • Suspending industrial action

Threats to life, personal safety, health or welfare

Section 424 of the Fair Work Act states that the Commission must suspend or terminate protected industrial action that is being engaged in or is threatened, impending or probable, if satisfied that the protected industrial action has threatened, is threatening or would threaten:

  • to endanger the life, the personal safety or health, or the welfare, of the population or a part of it, or
  • to cause significant damage to the Australian economy or an important part of it.

It has been established that the following terms are to be given their ordinary meanings.[4] The following dictionary definitions have been adopted previously:

Health – the general condition of the body or mind with reference to soundness or vigour.[5]

Welfare – the state of faring well, well-being.[6]

Has threatened, is threatening or would threaten

The appropriate test is not whether the protected industrial action 'would' endanger, but rather whether it would 'threaten' to endanger.[7]

The simple existence of a threat to safety or health, or welfare, is insufficient, even if it exists as a result of the protected industrial action. The danger must be probable, rather than simply a possible eventuality.[8]

Endanger life, personal safety or health

Conduct that puts a person's physical or mental state at risk of material detriment, or that materially hinders or prevents improvements in a person's poor physical or mental state, may qualify as conduct that endangers personal health or safety.[9]

Even if conduct is not serious enough to endanger life, it might constitute a significant risk to personal safety or health.[10]

The impact of the conduct must be more than merely to cause inconvenience to the persons concerned. It must expose them to danger.[11]

Welfare

The term welfare is not limited to situations where life, personal safety or health is endangered.[12]

Population or part of it

The term 'population' refers to the total number or the body of the inhabitants of Australia.[13] The reference to 'part' of the population should be read as having a more collective meaning than simply 'individuals'.[14]

Case examples

Protected industrial action terminated or suspended

Action threatening to endanger life, etc

Ausgrid and Others v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Others [2015] FWC 1600 (Harrison SDP, 13 March 2015).

Facts

The applicants sought the termination or the suspension of protected industrial action which the CEPU and the AMWU, acting as bargaining representatives for their members, had notified. The unions had given notices of intention to take industrial action comprising a four hour stoppage of work.

Ausgrid's electricity network covers about 22,275 square kilometres, supplying electricity to 1.64 million customers, which include residential, large and small businesses, as well as major industry including mining, shipping, tourism, manufacturing and agriculture. All businesses within Sydney's CBD are within the supply area.

Outcome

The Commission was satisfied that it was probable an emergency event or events, such as vehicle impacts and storms, and disconnection and reconnection of customers, would occur during the period of the protected industrial action. The Commission found that the notified action would likely delay the restoration of power in the event of a power interruption. Delays in the restoration of power are such as to threaten to endanger the safety, health and/or welfare of persons impacted by the power interruptions. Orders suspending the protected industrial action were made.

Relevance

The action in this case had the potential to impact a large part of the state of NSW including residential and commercial areas as well as the Sydney CBD. It also threatened to endanger patients in hospitals, nursing homes or facilities with no, or inadequate, back-up power. Some of these patients were on life support.

The Commission commented that s.424(1)(c) is concerned with action that threatens to endanger persons in the manner described and the section does not require a finding that it will endanger such persons in respect of their welfare, health or safety. It may be that, ultimately, no such adverse impact in fact occurs.

Action threatening health and welfare

Monash University v National Tertiary Education Industry Union [2013] FWCFB 5982 (Hatcher VP, Catanzariti VP, Lee C, 26 August 2013).

Facts

The NTEU had sent a 'Notice of Intention to Take Protected Industrial Action' to the University. The Notice did not identify any cessation date for any of the industrial action, meaning that it was indefinite in nature. One of the forms of industrial action was 'a ban on recording, or transmission to the employer, of assessment results, with the exception of results for which an exemption has been granted by the NTEU Exemptions Committee' (the Results Ban).

Outcome

The Full Bench was satisfied that the Results Ban threatened to endanger student health and welfare by heightening student stress and anxiety. The Full Bench found that the indefinite nature of the Results Ban would aggravate its potential and actual effects on students. The Full Bench issued an order suspending protected industrial action in the form of the Results Ban for a period of two weeks.

Relevance

In this case evidence was given by the University's Director of Mental Health (a psychologist) about the vulnerability of university-aged students to mental health disorders as well as the possible impact of the results ban. Her evidence was that one in four young people suffer from a diagnosable mental health disorder in any one year. The university had 13,000 students and this was considered sufficient in number to be characterised as 'part of the population'.

It was admitted that there was no direct evidence of anyone actually suffering harm as a consequence of the ban, however the Full Bench stressed that the section was concerned with threatened endangerment, not actual harm.

Action threatening the personal safety or health or welfare of a part of the population

Victorian Hospitals' Industrial Association v Australian Nursing Federation [2011] FWAFB 8165 (Boulton J, Acton SDP, Lewin C, 15 December 2011), [(2011) 214 IR 148].

Facts

Protected industrial action was being engaged in by the ANF and its members in support of claims being pursued for nurses and midwives employed in the Victorian public health system. The action had the effect of closing, with certain exceptions, one in every three operational beds across the Victorian public health system.

The VHIA, supported by the Government of Victoria, made an application for an order terminating protected industrial action being taken by the ANF in the Victorian public health system. The application was opposed by the ANF and the Health Services Union, submitting that if an order were made, it should be for suspension rather than termination.

Outcome

The Full Bench found that although the industrial action had only been taken over a few days, there was substantial evidence about the serious impact that it had on public health services and on the safety, health and welfare of some patients. The protected industrial action would add extra pressure to a system already under pressure.

The Full Bench was satisfied that the protected industrial action being engaged in by the ANF and its members was threatening or would threaten to endanger the personal safety or health, or the welfare, of people in need of public health care services in Victoria and suspended the protected industrial action for a period of 90 days.

Relevance

The High Court decision in Coal and Allied v AIRC was applied to explain that a careful consideration of the evidence is required in each case before the Commission can be satisfied that an order should be made. In this case there was significant evidence from senior administrators about the detrimental effect that the industrial action was having and was likely to continue to have on the public health system. The action would cause more than just inconvenience to users of the public health system and was found to endanger their safety or health or their welfare.

Protected industrial action NOT terminated or suspended

Action NOT threatening to endanger life, etc

Re KDR Victoria Pty Ltd T/A Yarra Trams [2015] FWC 6282 (Lee C, 9 September 2015).

Facts

An application was lodged by Yarra Trams for an order to terminate protected industrial action that was being taken by the the ARTBIU and its members. The industrial action was for a four hour stoppage of all work commencing at 10am.

Yarra Trams submitted that the industrial action was threatening to endanger the personal safety or health or the welfare of a part of the population of Melbourne who rely on public transport generally and tram services in particular.

Outcome

The Commission held that while the industrial action would undoubtedly have an effect on the travelling public, it was not satisfied that the protected industrial action by the ARTBIU had threatened, was threatening or would threaten to endanger the personal safety or health or the welfare of a part of the population within the meaning of the Fair Work Act. The application was dismissed.

Relevance

Yarra Trams had provided options for passengers to make alternative arrangements for travel using combinations of replacement buses, trains and other modes of transport. The Commission recognised that this would not be as convenient to the passenger if a tram was their preferred mode of travel. However it was not a sufficient basis to establish that the collective welfare was in danger or peril.

Threats to the economy

Section 424 of the Fair Work Act states the Commission must suspend or terminate protected industrial action that is being engaged in or is threatened, impending or probable, if satisfied that the protected industrial action has threatened, is threatening or would threaten:

  • to endanger the life, the personal safety or health, or the welfare, of the population or a part of it, or
  • to cause significant damage to the Australian economy or an important part of it.

Significant damage

Significant is defined as being 'Important, notable; consequential'.[15]

The length of time over which the economic damage is sustained is a relevant consideration.

The Australian economy or an important part of it

Important in this context has been defined based on the dictionary meaning:

  1. of much significance or consequence; an important event.
  2. mattering much (fol. by to): details important to a fair decision.
  3. of more than ordinary title to consideration or notice: an important example.
  4. prominent: an important part.
  5. of considerable influence or authority, as a person, position, etc.[16]

Case examples

Protected industrial action terminated or suspended

Significant damage to the Australian economy or an important part of it

Minister For Tertiary Education, Skills, Jobs And Workplace Relations [2011] FWAFB 7444 (Giudice J, Watson SDP, Roe C, 31 October 2011).

Facts

The Minister for Tertiary Education, Skills, Jobs and Workplace Relations made an application to Fair Work Australia for the termination of protected industrial action by Qantas and three unions representing Qantas employees. The unions had engaged in protected industrial action in furtherance of their bargaining claims. Qantas planned to take protected industrial action in response, consisting of a lock-out of its workforce and a grounding of its fleet worldwide.

Evidence was given on behalf of the Minister as to the importance of airline passenger and cargo transport to the economy and the effect of the grounding of the Qantas fleet.

Outcome

The Commission found that it was unlikely that the protected industrial action taken by the three unions, even if taken together, threatened to cause significant damage to the tourism and air transport industries. However, the Commission held that the action proposed by Qantas, if taken, threatened to cause significant damage to the tourism and air transport industries and indirectly to industry generally because of the effect on consumers of air passenger and cargo services.

In determining whether to suspend or terminate the protected industrial action, the Commission held that suspension would not provide sufficient protection against the uncertainty to the particularly vulnerable tourism industry, and for that reason ordered that the industrial action be terminated.

Relevance

It was submitted that the tourism industry, including aviation, contributed approximately 2.6 per cent to GDP and had 500,000 employees. The value of inbound tourism was estimated at $24 billion per year. It was found that the response action by Qantas threatened to cause significant damage to the tourism and air transport industries and indirectly to industry generally because of the effect on consumers of air passenger and cargo services. The Qantas evidence was that the cost to it alone was $20 million per day. This was held to be significant.

In contrast, the protected industrial action by the unions was estimated to have only cost approximately $70 million.

Protected industrial action NOT terminated or suspended

Significant damage to the Australian economy or an important part of it

BHP Coal Pty Ltd and Another v Construction, Forestry, Mining and Energy Union and Others PR903492 (AIRC, Bacon C, 17 April 2001).

Facts

BHP and its subsidiary, Hay Point Services, applied to the Commission for an order terminating the bargaining period (pursuant to s.170MH of the Workplace Relations Act) because of the significant damage it argued would be caused to the region of 'Central Queensland'.

BHP engaged a professor of economics at the University of Melbourne to provide a report setting out the economic effect of the industrial action.

Outcome

The Commission found that the borders of the 'Central Queensland region' were totally arbitrary, and that there was insufficient material on which to find that the 'Central Queensland region' could be characterised as 'part' of the Australian economy, and therefore could not be considered an 'important part'.

Relevance

The report stated that the effect of the work stoppages to the region was an economic loss of between 3.1 to 3.8 per cent over a two week period. This was not enough to be considered 'significant'. The Commission commented that if the same loss had occurred over a year it may have been significant. The length of time over which the economic loss occurs is a relevant consideration when determining whether a loss is 'significant'.

Orders

The Commission may make an order under s.424:

  • on its own initiative, or
  • on application by any of the following:
    • a bargaining representative for the agreement
    • the Minister
    • if the industrial action is being engaged in in a State that is a referring State as defined in ss.30B or 30L – the Minister of the State who has responsibility for workplace relations matters in the State
    • if the industrial action is being engaged in in a Territory – the Minister of the Territory who has responsibility for workplace relations matters in the Territory,
    • a person prescribed by the Fair Work Regulations.

Under Regulation 3.10 the following persons may apply for an order suspending or terminating protected industrial action for a proposed enterprise agreement:

  • if the industrial action is being engaged in, or is threatened, impending or probable, in a State that is not a referring State as defined in section 30B or 30L of the Act – the Minister of the State who has responsibility for workplace relations matters in the State'
  • an organisation or other person directly affected, or who would be directly affected, by the industrial action other than an employee who will be covered by the proposed enterprise agreement.[17]

Related information

  • Orders to stop or prevent unprotected industrial action

References

[1] Transit Australia Pty Ltd v Transport Workers' Union of Australia [2011] FWA 3410 (Asbury C, 31 May 2011) at para. 8.

[2] Ambulance Victoria v Liquor, Hospitality and Miscellaneous Union [2009] FWA 44 (Kaufman SDP, 3 August 2009) at para. 29, [(2009) 187 IR 119]; see also University of South Australia v National Tertiary Education Industry Union [2009] FWA 1535 (O'Callaghan SDP, 4 December 2009) at para. 32.

[3] Ambulance Victoria v Liquor, Hospitality and Miscellaneous Union [2009] FWA 44 (Kaufman SDP, 3 August 2009) at para. 30, [(2009) 187 IR 119].

[4] Transit Australia Pty Ltd v Transport Workers' Union of Australia [2011] FWA 3410 (Asbury C, 31 May 2011) at para. 8.

[5] University of South Australia v National Tertiary Education Industry Union [2009] FWA 1535 (O'Callaghan SDP, 4 December 2009) at para. 35.

[6] State of Victoria – Department of Health and Community Services v Health Services Union of Australia Print L9810 (AIRCFB, McIntyre VP, Williams DP, Hingley C, 3 March 1995) at para. 15.

[7] Ambulance Victoria v Liquor, Hospitality and Miscellaneous Union [2009] FWA 44 (Kaufman SDP, 3 August 2009) at para. 29, [(2009) 187 IR 119].

[8] State of Victoria – Department of Human Services v Health Services Union [2012] FWA 8376 (Gregory C, 4 October 2012) at para. 80, [(2012) 225 IR 306].

[9] Victorian Hospitals' Industrial Association v Australian Nursing Federation [2011] FWAFB 8165 (Boulton J, Acton SDP, Lewin C, 15 December 2011) at para. 51, [(2011) 214 IR 148].

[10] ibid.

[11] ibid.

[12] State of Victoria – Department of Health and Community Services v Health Services Union of Australia Print L9810 (AIRCFB, McIntyre VP, Williams DP, Hingley C, 3 March 1995) at para. 15.

[13] Transit Australia Pty Ltd v Transport Workers’ Union of Australia [2011] FWA 3410 (Asbury C, 31 May 2011) at para. 9.

[14] Coal & Allied Operations Pty Ltd v Construction, Forestry, Mining and Energy Union Print P8382 (AIRCFB, Giudice J, Munro J, Larkin C, 29 January 1998) at p. 20, [(1998) 80 IR 14].

[15] Sucrogen Australia Pty Ltd v The Australian Workers' Union; "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2010] FWA 6192 (Spencer C, 27 August 2010) at para. 10; citing The New Shorter Oxford English Dictionary.

[16] BHP Coal Pty Ltd; Hay Point Services Pty Ltd v Construction, Forestry, Mining and Energy Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union PR903492 (AIRC, Bacon C, 17 April 2001) at para. 38; citing the Macquarie Dictionary (2nd Revised Edition).

[17] Fair Work Regulations r.3.10.

Updated time

Last updated

07 October 2019

 

 

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        • Low-paid authorisations
      • Scope orders
      • Bargaining orders
      • Serious breach declarations
      • Disputes
      • Workplace determinations
        • Low-paid
        • Industrial action related
        • Bargaining related
      • Role of the Court
      • Appeals
      • Varying enterprise agreements
        • Varying by agreement
        • Ambiguity or uncertainty
        • Discrimination
      • Terminating enterprise agreements
        • Terminating by agreement
        • After its nominal expiry date
      • Terminating individual agreements
  • General Manager reporting requirements
  • General protections benchbook
    • Glossary & naming conventions
    • Overview of benchbook
      • When is a person covered by the general protections?
    • What are the general protections?
    • How do the general protections work?
      • Rebuttable presumption as to reason or intent
    • Coverage for general protections
      • What is a constitutionally-covered entity?
      • What is a Territory or a Commonwealth place?
      • What is a trade and commerce employer?
      • What is a Territory employer?
      • What is a national system employer?
    • What if I am not covered?
    • What is adverse action?
      • What is dismissal?
      • Injuring employee in their employment
      • Altering the position of the employee
      • Discriminating
      • Threatened action and organisation of action
      • Exclusions
    • Workplace rights protections
      • Meaning of workplace right
      • Coercion
      • Undue influence or pressure
      • Misrepresentations
      • Requiring the use of COVIDSafe
    • Industrial activities protections
      • What are industrial activities?
      • Coercion
      • Misrepresentations
      • Inducements – membership action
    • Other protections
      • Discrimination
        • Race
        • Colour
        • Gender identity & sexual orientation
        • Age
        • Physical or mental disability
        • Marital status
        • Family or carer’s responsibilities
        • Pregnancy
        • Religion
        • Political opinion
        • National extraction
        • Social origin
      • Exceptions
      • Temporary absence – illness or injury
      • Bargaining services fees
      • Coverage by particular instruments
      • Coercion – allocation of duties to particular person
    • Sham arrangements
      • Misrepresenting employment
      • Dismissing to engage as independent contractor
      • Misrepresentation to engage as independent contractor
    • Making an application
      • Dismissal applications
        • Timeframe for lodgment
        • Extension of time for lodging an application
      • Non-dismissal applications
      • Other types of applications
        • Multiple actions relating to dismissal
        • Unfair dismissal
        • Unlawful termination
        • Court application
        • Discrimination
    • Power to dismiss applications
    • Evidence
    • Commission process
      • Conferences & hearings
      • Dealing with different types of general protections disputes
      • Rescheduling or adjourning matters
      • Representation by lawyers and paid agents
      • Bias
    • Outcomes
    • Costs
      • When are costs ordered by the Commission?
      • Costs against representatives
    • Appeals
    • Role of the Court
      • Enforcement of Commission orders
      • Types of order made by the Court
  • Industrial action benchbook
    • Glossary & naming conventions
    • What is industrial action?
      • Unprotected industrial action
        • Orders to stop or prevent unprotected industrial action
      • Protected industrial action
        • Immunity
        • Common requirements
        • Employee claim action
        • Employer response action
        • Employee response action
        • Pattern bargaining
    • Taking protected industrial action
      • Protected action ballots
        • Who may apply?
        • Making an application
        • Commission process
        • Varying a protected action ballot order
        • Revoking a protected action ballot order
      • Voting
        • Ballot agents
        • Who may vote – roll of voters
        • Ballot papers
        • Voting procedure
        • Scrutiny of the ballot
        • Results of the ballot
        • When is industrial action authorised?
      • Notice requirements
      • Commencing protected industrial action
    • Payments relating to industrial action
      • Partial work bans
      • Unprotected industrial action – payments
      • Standing down employees
    • Suspension or termination of protected industrial action
      • Powers of the Commission
        • When the Commission may suspend or terminate
        • When the Commission must suspend or terminate
          • Threats to persons or the economy
          • Suspending industrial action
        • Requirements relating to a period of suspension
      • Powers of the Minister
    • Enforcement
    • Appeals
  • JobKeeper benchbook
    • Glossary
    • Introduction
      • Provisions of the Fair Work Act
    • JobKeeper enabling directions – general
      • Service & entitlement accrual
      • When a JobKeeper enabling direction will have no effect
      • Stand downs that are not jobkeeper enabling stand downs
      • Employee requests
    • Jobkeeper enabling stand down directions – entitled employers
      • Directions about duties & location of work
    • Jobkeeper enabling directions – legacy employers
      • Jobkeeper enabling stand down directions – legacy employers
      • Directions about duties & location of work – legacy employers
      • Termination of a jobkeeper enabling direction – legacy employers
    • Agreements about days or times of work
      • Agreements about days or times of work – entitled employers
      • Agreements about days or times of work – legacy employers
      • Termination of an agreement about days or times of work
    • Employer payment obligations
      • Wage condition
      • Minimum payment guarantee
      • Hourly rate of pay guarantee
    • Agreements about annual leave
    • Protections
    • Disputes we cannot assist with
    • Applications to deal with a dispute
      • Who can make an application
      • Responding to an application
      • Objecting to an application
      • Discontinuing an application
    • Commission process
      • General information
      • Conferences & hearings
      • Procedural issues
    • Evidence
    • Outcomes
      • Contravening an order
      • Appeals
      • Role of the Court
    • Attachments
  • Modern Awards Review 2012
    • Introduction
      • Modern Awards Review 2012
  • Sir Richard Kirby Archives
    • Home
    • Sir Richard Kirby
    • About the Archives
    • Cases
      • Case
      • The Honourable Justice Henry Bournes Higgins (1851–1929)
    • Centenary
    • Exhibitions
      • Exhibition launch: The history of the Australian minimum wage
      • Guide – Opening Exhibition
      • International Industrial Dispute Resolution Conference
        • Speaker – Justice Alan Boulton AO
        • Speaker – Mr Arthur F Rosenfeld
        • Speaker – Mr Craig Smith
        • Speaker – Mr James Wilson
        • Speaker – Mr Kieran Mulvey
        • Speaker – Mr Peter Anderson
        • Speaker – Ms Ginette Brazeau
        • Speaker – Ms Nerine Kahn
        • Speaker – Ms Rita Donaghy CBE
        • Speaker – Ms Sharan Burrow
        • Speaker – Senator Guy Barnett
        • Speaker – The Hon. Julia Gillard
      • The Journey
        • Court
          • Early years
          • New court
            • Profile of Justice O'Connor
            • First registration of an industrial organisation
          • Judges & conciliators
          • The Boilermakers' Case
            • The dispute & appeals
        • Commission
          • Post Boilermakers 1956-1973
          • Hawke & Keating governments
            • Industrial Relations Court
          • Howard Government
        • Fair Work Australia
          • The Fair Work system
          • About Fair Work Australia
          • Transition
          • Fair Work timeline
      • The history of the Australian minimum wage
        • The Great Strikes
        • The first minimum wage: The Victorian minimum wage
        • The Harvester Decision
        • The impact of the Great Depression
        • Working it out: Cost of living versus capacity to pay
        • The removal of award rate discrimination
        • The wage explosion & economic crisis
        • The modern era: The development of a modern minimum wage
      • Treasures of the archives
        • Launch speech?Treasures of the Archives
        • 1. Professor Isaac
        • 2. Register of organisations
        • 3. Perlman letters
        • 4. Sir Richard Kirby photograph
        • 5. Oral history program
        • 6. AIRC sign
        • 7. Folder of wage decisions
        • 8. Centenary exhibition
        • 9. Women's exhibition poster
        • 10. Isaac letters
    • The modern era
    • Past Presidents
    • Past Members
      • Past Members 1956 to present
      • Past Members to 1956
  • Unfair dismissals benchbook
    • Overview of unfair dismissal
    • Glossary & naming conventions
    • Coverage for unfair dismissal
      • Who is protected from unfair dismissal?
      • People excluded from national unfair dismissal laws
        • Independent contractors
        • Labour hire workers
        • Vocational placements & volunteers
        • Public sector employment
      • Constitutional corporations
      • High income threshold
      • Modern award coverage
      • Application of an enterprise agreement
      • What is the minimum period of employment?
        • How do you calculate the minimum period of employment?
        • What is continuous service?
        • What is an excluded period?
      • Bankruptcy
      • Insolvency
    • What is dismissal?
      • When does a dismissal take effect?
      • Terminated at the employer's initiative
      • Forced resignation
      • Demotion
      • Contract for a specified period of time
      • Contract for a specified task
      • Contract for a specified season
      • Training arrangement
      • What is a transfer of employment?
      • Periods of service as a casual employee
      • What is a genuine redundancy?
        • Job no longer required due to changes in operational requirements
        • Consultation obligations
        • Redeployment
      • What is the Small Business Fair Dismissal Code?
    • What makes a dismissal unfair?
      • Valid reason relating to capacity or conduct
        • Capacity
        • Conduct
      • Notification of reason for dismissal
      • Opportunity to respond
      • Unreasonable refusal of a support person
      • Warnings – unsatisfactory performance
      • Size of employer's enterprise and human resources specialists
      • Other relevant matters
    • Making an application
      • Application fee
      • Timeframe for lodgment
      • Extension of time for lodging an application
      • Who is the employer?
      • Multiple actions
      • Discontinuing an application
    • Objecting to an application
    • Commission process
      • Conciliation
      • Hearings and conferences
      • Preparing for hearings and conferences
      • Representation by lawyers and paid agents
      • Rescheduling or adjourning matters
      • Bias
    • Remedies
      • Reinstatement
        • Order for reinstatement cannot be subject to conditions
        • Order to maintain continuity
        • Order to restore lost pay
      • Compensation
        • Calculating compensation
        • Mitigation
        • Remuneration
        • Other relevant matters
        • Compensation cap
        • Instalments
    • Dismissing an application
    • Evidence
    • Costs
      • Costs against representatives
      • Security for costs
    • Appeals
      • Staying decisions
    • Role of the Court
  • Waltzing Matilda and the Sunshine Harvester Factory
    • Introduction
    • The book
      • Book launch
    • The film
      • Film launch
    • Historical material
      • 38 Hour Week Wage Principle [1983]
      • 40 Hour Week Case [1947]
      • 44 Hour Week Case [1927]
      • Apprenticeship indentures
      • Australian Minimum Wage and fitter (trades) rate since 1906
      • Boot Trades Case
      • Careers in Bootmaking and Boot Repairing
      • Cattle Industry Case 1966
      • Commercial Printing Case [1936]
      • Commonwealth Conciliation and Arbitration Act 1904
      • Cost of living newspaper articles from the early 1900s
      • Debates
      • Equal Pay Case 1969
      • Equal Pay Case 1972
      • Fruit Pickers Case
      • Gas Employees Case
      • Graph of Australian Minimum Wage since 1906
      • Harvester Case
      • Historic case judgments on the Fair Work Commission's website
      • Kingston's evidence
      • Linesmen's Case
      • Maternity Leave Case [1979]
      • Metal trades base level minimum wages [1967–2015]
      • Methods of wage adjustment
        • Establishing an Australian Minimum Wage 1907?1922
          • The origins of the Australian minimum wage
          • The 'needs' principle and 'capacity to pay'
          • Women's wages
          • First indexation decision
        • Quarterly indexation 1922–1953
        • The Great Depression 1931
        • Prosperity loadings 1937
        • World War II 1939–1945
        • The post-war period: 1953–1965 basic wage inquiries
        • The total wage 1966–1967
        • Removal of discrimination in award rates
        • Reintroduction of quarterly wage indexation 1975–1978
        • Six monthly wage indexation 1978–1981
        • Wage explosion 1981–1982
        • Reforming awards and work and management practices 1987–1991
        • Six monthly wage indexation 1983–1987
        • Enterprise bargaining and a minimum wage safety net 1991–1996
        • Statutory adjustments
        • The minimum wage in real terms
      • Mrs Beeton's cookbook
      • Paternity Leave Case [1990]
      • Personal/Carer's Leave Test Case [1995]
      • Piddington report
      • Re Bagshaw [1907]
      • Significant cases on the Fair Work Commission's website
      • Statistics for the purpose of comparison with the Australian minimum wage
      • The Amalgamated Society of Engineers v. The Adelaide Steam-ship Company Limited and Others
      • The Australian minimum wage from 1906
      • The Federated Marine Stewards and Pantrymen's Association v. The Commonwealth Steamship Owners' Association and Others
      • The Victorian minimum wage 1896
        • Legislative Council Second Reading Speech to the Factories and Shops Bill 1896
      • The first Award: 1906 Steam-ship Crew
      • 100 years of the minimum wage—Statistical comparison
    • Mrs Beeton's cookbook
    • Glossary
    • Related sites
    • Educational materials
  • AWRS First Findings report

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