To search the Resources section of the Kemp Strang website, please enter your keywords below.

December 2006

High Court Upholds Validity of Work Choices

On Tuesday 14 November 2006, the High Court of Australia by a 5-2 majority dismissed the States’ and unions’ challenge to the constitutional validity of the federal Workplace Relations Amendment (Work Choices) Act 2005 (Cth) (“Work Choices Legislation”). The Work Choices Legislation had significantly amended the main federal statute with respect to workplace relations, the Workplace Relations Act 1996 (Cth), with effect on and from 27 March 2006.

Transmission of Business Under “Work Choices”

The implementation of the amendments to the Workplace Relations Act 1996 (“the WPR Act “) brought about by the Work Choices legislation has significant ramifications for trading corporations involved in the transmission of business. In particular, the changes affect the obligations imposed on the “successor, transmittee or assignee of the whole or part of a business of another person”. The rules relating to a transmission of business are contained in Schedule 9 of the WPR Act.

Employers Beware: You Will Be Bound By Your Workplace Policies Documents

Most employers have written policies documents or manuals which set out a wide range of policies and procedures which are intended to apply to employees, and which are in addition to an employee’s individual employment contracts. A landmark ruling by the Federal Court in Nikolich v Goldman Sachs J B Were Services Pty Limited [2006] FCA 784 has sent a clear message to employers that these policies will be legally binding and form part of their employment contracts with employees. The consequence of this decision is that any failure by an employer to comply with a provision which is contained in a policies document can be argued by an employee to constitute a breach of the employment contract, giving rise to the possibility of an award of damages against the employer. The decision is currently on appeal.

Occupational Health & Safety Legislation Changes

The New South Wales government has released the Occupational Health & Safety Amendment Bill 2006, which contains proposed amendments to the current Occupational Health and Safety Act 2000.  An inquiry has been called to investigate the proposed changes.

Newsletter Hr Dec2006.pdf

All Kemp Strang Briefs are intended to keep readers abreast of legal and firm developments current on issue of the Brief. They are not to be relied upon as a substitute for professional advice. Before acting on any specific matter please contact us.