Daniel Hayhoe filed the court claim in the Rockhampton Supreme Court for damages for personal injury. The claim relates to an alleged workplace incident at South Walker Creek mine, Strathfield, 35km from Nebo, on September 30, 2017. Mr Hayhoe, 33, had been employed by Workpac Pty Ltd since August 2017 and was working as a heavy machinery operator. Workpac is listed in the claim and is being sued for $791,732.63. HSE Mining Ltd, which provided plant and operators to BHP, was the principal contractor of BHP to the mine and the host employer of Mr Hayhoe, is being sued for $878,294.63. The third defendant is BHP Billiton Mitsui Coal Pty Ltd as the owner and manager of the mine, and is being sued for $878,294.63.
The FW Bill is to amend the
Fair Work Act 2009
(Cth) (FW Act) to assist Australia s economic recovery from the
COVID-19 pandemic. The government s proposed amendments to the
FW Act are said to provide more clarity and certainty to employers
and employees about their rights and responsibilities, while
promoting flexibility in employment relationships, and a more
streamlined and usable industrial relations system.
As this is the last week of Parliament for 2020, we expect to
see much debate on the provisions of the FW Bill in 2021.
The proposed changes are vast, and we will continue to provide
updates on the reforms from time to time. However, in this article,
Seafood Processing Award 2020; and
Vehicle Repair, Services and Retail Award 2020.
This may incentivise employers covered by these modern awards to prefer permanent part-time employees rather than relying on casual employees. The proposed provisions apply to part-time employees who work at least 16 hours but less than 38 hours a week and whose shifts are for at least three hours (which may include an additional hour).
The Government recognises that organisations covered by these modern awards have been hit hard by the COVID crisis and employers are likely to welcome the increased flexibility if it becomes law. There are specific requirements around these agreements with part-time employees. They must be recorded before the hours are worked, identifying the additional hours to be worked and the agreement must be retained. Termination of such agreements can be made on seven day s written notice.
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In a recent decision by the Morrison Government, the Industrial Relations Bill (the IR Bill) will provide the first statutory definition of casual work for the Australian Commonwealth.
Industrial Relations (IR) Minister Christian Porter has expressed no doubt over the fact that this development will resolve the “neglect” of the Labour Government in 2009 to include a statutory definition of casual employment in the Fair Work Act. The proposed IR Bill will also crucially respond to key gaps in the law highlighted in the recent case of