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Everybody Out

Everybody Out is the official news bulletin of APTIA. Sent directly to APTIA Members each month, the bulletin reports on current and breaking Industrial Relations news, stakeholder news, recent industry decisions as well as important industry dates.  Below is the most recent version of the Everybody Out. Archive copies of Everybody Out are available to APTIA Members (please visit our Membership Area for more information on how to become a Member or to login to the Membership Area).

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December 2018 edition

APTIA Everybody Out - December 2018 APTIA Everybody Out - December 2018 (1095 KB)


Merry Christmas!
Wishing you and your families a wonderful Christmas and holiday season. APTIA offices will close on Monday 24 December 2018 and re-open on Monday 14 January 2019. Thank you for your continued support and I look forward to working with you again in the New Year.
Cheers,
Macca

Members News: The Year in Review In 2018, industrial relations in Australia was dominated by four significant changes, which included:

 

Important Decisions in 2018: Taking sickies does not constitute protected action
Hillsbus Co. Pty Ltd v. Gurdev Singh Bajwa & Others [2018] FWC 6861, 12 November 2018
The negotiation stage of bargaining for new agreements some drivers have staged industrial action in the form of multiple sick days. That practice was considered in the Hillsbus case where Commissioner Ian Cambridge stated that the practice should be universally condemned and amounted to unprotected industrial action in accordance with section 418 of the Fair Work Act. In his ruling Commissioner Cambridge ruled that the employer should not pay sick pay to the employees but reduce their sick days anyway.

Important Decisions in 2018: BOOT protects all employees
Loaded Rates Agreements [2018] FWCFB 3610 (28 June 2018)
In a significant rebuff to employer attempts to accelerate agreement approval processes, a five-member FWC full bench as part of its "loaded rates" ruling has affirmed the requirement to apply the BOOT to each and every covered employee. Handed down eight months after FWC President Iain Ross referred a clutch of loaded rate agreements to Vice Presidents Adam Hatcher and Joe Catanzariti, Deputy President Val Gostencnik and Commissioners Tim Lee and Katrina HarperGreenwell, yesterday's decision comprehensively rejected employer group arguments against "line by line" scrutiny of deals. "The requirement that 'each'. . . employee and prospective employee be better off overall is a rigorous one," said the full bench.



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