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At www.1800ADVOCATES.au, we are specialised employment and human rights advocates, not Australian Legal Practitioners. Our mission goes beyond traditional legal services, focusing on advocating for the rights of employees and human rights in various contexts. The Difference between an Employment and Human Rights Advocate and a Practising Lawyer Employment and Human Rights Advocates like us may have legal training, but we differ from admitted and practising solicitors in several key ways: 1. Scope of Practice: Advocates focus on representing, supporting, and providing advice on employment and human rights matters. While we may have legal training, we are not licensed to practise law. 2. Advisory Role: We play a significant advisory role, assisting individuals and organisations in understanding their rights and responsibilities. This may include strategic planning, dispute resolution, and policy development. 3. Legal Representation: Unlike practising solicitors, advocates are not authorised to appear before courts. Our role is to support and guide rather than legally represent in a court of law. We do represent people in the Fair Work Commission and all other Industrial Relations Tribunals and Commissions, as well as all Human Rights Tribunals and Commissions. We also attend in person investigations and interviews throughout the processes our clients are involved in. 4. Cost-Effective Service: Advocates often provide more accessible and cost-effective solutions tailored to employment and human rights needs. What we think about "Ongoing Costs Review" and Reform concerning Law Firms and traditional "legal fees" 141. A Specialist Costs Council The establishment of a specialised Costs Council as a division of the Civil Justice Council is paramount. This council would, in consultation with stakeholder groups: - Review the implemented recommendations about costs. - Investigate additional matters in relation to costs. - Carry out or commission further research concerning costs. - Consider other reforms in relation to costs as deemed appropriate. 142. Costs Disclosure Transparency in the disclosure of costs is crucial. The court should have an express power to require parties to disclose estimates of costs, actual costs incurred, and protect information that might have confidential or privileged significance. 143. Fixed or Capped Costs While the idea of fixed or capped costs is attractive, there are practical challenges. It is proposed that these be developed in particular areas of litigation, with extensive consultation and agreement with stakeholders. 144-151. Taxation and Scales of Costs Reforms include simplifying the taxation of costs, revising court scales, and considering a common scale of costs across courts. Presumptive rules and flexible recoverable costs principles must be applied as well. 152. Cost of Disbursements Prohibition on law firms profiting from disbursements, like photocopying, is essential, with outlined guidelines to ensure fair and reasonable charges. Conclusion These reforms represent a comprehensive approach to reducing the cost of litigation and making justice more accessible. Collaborative efforts among legal professionals, courts, and stakeholders will be crucial in implementing these changes effectively. At www.1800ADVOCATES.au, we are steadfast in our commitment to making the legal system more transparent, fair, and attainable, leveraging our unique position as employment and human rights advocates. Get to Know Our CEO Want to know more about our CEO? Visit his profile page to get in touch and discover the story of Brian AJ Newman LLB, the 1800ADVOCATES CEO. Brian's leadership and commitment to the field of human rights and employment advocacy set the tone for our organisation's work. Learn more about his journey and vision at [www.1800ADVOCATES.au/brianajnewman-profile](www.1800ADVOCATES.au/brianajnewman-profile). Stay tuned for more updates and feel free to contact 1800ADVOCATES for professional assistance in employment and human rights issues.

The character and professional reputation of an employee are vital in the workplace. Allegations and remarks that can tarnish this reputation must be dealt with judiciously. In Australia, workers have significant legal remedies if they believe they have been defamed by their employers, co-workers, or even customers. This post delves into defamation laws within the workplace context and the protections accessible to workers. What is Defamation? Defamation occurs when a false statement is made that injures a person's reputation. These statements can be either spoken (slander) or written (libel). In the context of the workplace, this can occur through verbal comments, emails, social media, or other means of communication. Legal Protections for Workers Australian defamation laws offer protections to individuals who feel their reputation has been wronged. These laws cover statements made in the workplace, whether by an employer, colleague, or customer. Key aspects include: 1. Proof of Defamation: The plaintiff must prove that the statement was false, published to a third party, and has caused reputational damage. The statement must also refer to the plaintiff either explicitly or implicitly. 2. Defences: There are defences available, such as the defense of truth, where the defendant can prove the statement was true. Other defenses include qualified privilege, public interest, and honest opinion. 3. Remedies: If defamation is established, remedies may include damages for loss of reputation, an apology, or a retraction. Damages can be substantial and may include economic losses resulting from the defamation. Employer's Responsibility Employers have a responsibility to maintain a workplace free from defamatory statements. Policies and procedures should be implemented to guide employees in proper communication and to set clear boundaries on acceptable behavior. Training and education on defamation laws and consequences should be an integral part of a company's compliance program. Conclusion Defamation in the workplace is a serious issue that can have long-lasting impacts on a person's professional life. Australian laws substantially protect those who feel their reputation has been unjustly damaged. Workers must be aware of their rights and how to pursue legal remedies if necessary. Employers must also recognize their role in fostering a respectful workplace environment. Ensuring that all staff members understand the ramifications of defamation can prevent potential legal issues and promote a healthy and collaborative working atmosphere. For anyone facing this complex and sensitive issue, seeking legal advice from a qualified employment lawyer can be invaluable in navigating the intricacies of defamation law in Australia. The right to dignity and respect in the workplace is fundamental, and the legal framework supports those who seek to protect their professional reputation.

Introduction: Unfair dismissal is a significant concern for employees, as it can lead to financial hardship, emotional distress, and a loss of job security. Fortunately, employment laws such as the Fair Work Act 2009 exist to protect workers from wrongful termination and ensure fair treatment in the workplace. In this article, we will explore the key aspects of unfair dismissal, the rights of employees, and the legal framework established by the Fair Work Act. Understanding Unfair Dismissal: Unfair dismissal refers to the termination of an employee's contract without a valid reason or due process. It occurs when an employer fails to follow proper procedures, discriminates against an employee, or dismisses them for exercising their workplace rights. Wrongful termination is another term often used interchangeably with unfair dismissal. Employee Rights and Protections: The Fair Work Act 2009 provides employees with a range of rights and protections to safeguard against unfair dismissal. These include the right to a fair and reasonable opportunity to respond to allegations, the right to have a support person present during discussions or meetings related to dismissal, and the right to pursue a claim for unfair dismissal. Unfair Dismissal Claims and Compensation: Employees who believe they have been unfairly dismissed can lodge a claim with the Fair Work Commission, the independent national workplace relations tribunal. The commission will assess the circumstances surrounding the dismissal and determine if it was unfair. If a dismissal is found to be unfair, the commission may order reinstatement, compensation, or other remedies to rectify the situation. Navigating Unfair Dismissal Laws: Unfair dismissal laws vary from country to country and can be complex to navigate. Seeking legal advice from an experienced unfair dismissal lawyer is crucial to understanding your rights and potential courses of action. A knowledgeable lawyer can guide you through the process, help you gather evidence, and represent your interests in negotiations or tribunal hearings. The Role of Unfair Dismissal Regulations and Processes: Unfair dismissal regulations outline the procedures that employers must follow when terminating an employee. These regulations ensure that employers provide sufficient notice, conduct fair investigations, and give employees the opportunity to respond to allegations. Understanding these processes is essential for both employers and employees to ensure compliance with the law and maintain a fair working environment. The Fair Work Commission and Unfair Dismissal Tribunal: The Fair Work Commission plays a crucial role in resolving unfair dismissal disputes. It acts as an independent mediator and decision-maker in cases where employees claim unfair dismissal. The commission's unfair dismissal tribunal hears and determines these claims, taking into account the circumstances surrounding the dismissal and the applicable legislation. Conclusion: Unfair dismissal is a serious issue that can have significant consequences for employees. However, the Fair Work Act 2009 provides essential protections and avenues for recourse. By understanding their rights, employees can seek justice and fair treatment in the workplace. Consulting with an unfair dismissal lawyer and familiarizing oneself with the relevant laws and regulations is crucial for those facing or concerned about unfair dismissal. Where to now? Application to the Fair Work Commission or the relevant State or Territory Tribunal or Commission in some circumstances is vital for applicants, you must file within 21 days of the effective date of termination, which means you need to take competent and professional advice now. 1800ADVOCATES offers a FREE consultation to all workers who may have been unfairly dismissed. Call 1800 238 622 now, complete the online enquiry form or email gethelp@1800ADVOCATES.au

Trade unions, which have historically been the bastions of workers' rights and representation, have undeniably seen a steady decrease in their membership, especially since the 1980s. This trend is not exclusive to Australia but is a global occurrence. Let's unpack this multifaceted issue by focusing particularly on data from the Australian Bureau of Statistics (ABS). 1. Decoding the Numbers: According to ABS data, there's been a consistent decrease in the percentage of employees who are union members. From nearly 40% in the late 1990s, membership has declined to just under 15% by 2020. 2. Economic Transformations: The global economy's shift from manufacturing to services has particularly affected Australia. Traditional industries, which were heavily unionised, have seen a decline. ABS data shows that sectors like mining and manufacturing, which once had robust union memberships, have been overshadowed by the service sector, which has proved more challenging for union reach. 3. Legislative and Political Winds: The changing political climate, especially during the late 20th century, leaned towards neoliberal policies, which often had an underpinning of deregulation. ABS findings correlate that legislative changes during these periods made union activities, including organising and strikes, more complex. 4. Changing Work Structures: The ABS highlights a rise in non-traditional employment forms, from part-time roles, casual employment to the gig economy, presenting a new set of challenges for union representation. Professional Advocacy: The Modern Response The waning confidence in trade unions has given rise to the appeal of professional advocacy: 1. Tailored Representation: Rather than a broad-brush approach that trade unions often adopt, professional advocates bring in a more individualised representation, understanding each case's intricacies. 2. Expertise and Efficiency: With specialised knowledge, these advocates can seamlessly navigate through the complex maze of legalities. Their approach often seems more efficient when compared to union representatives. 3. Value for Money: Questions have been raised on whether the fees charged by unions truly reflect the value they provide. ABS data on declining union revenues indicate this concern. Professional advocates, in contrast, often present a clearer and sometimes more economical fee structure. Digital Era: Powering the Individual Technology has undeniably empowered the modern worker: 1. Information at the Ready: The ABS indicates a sharp increase in the usage of online resources related to work rights, indicating that today's workforce doesn't need to rely solely on unions for such insights. 2. Direct Dialogue: Modern communication tools allow for more direct discussions between management and workers, sometimes negating the need for a union mediator. Challenges for Today's Unions The move from a service model to organising has been fraught with challenges: 1. Distancing from Reality: There's a feeling among many, as reflected in ABS surveys, that unions are becoming increasingly distant from real, on-ground workplace issues. 2. Dependence on Volunteer Delegates: The ABS points out that while volunteer delegates play an essential role, they may not be equipped to handle complex workplace disputes effectively. In Conclusion Trade unions, undeniably, have a storied history in championing the rights of Australian workers. However, with the shifting socio-economic landscape and insights from ABS data, it's clear that the traditional approaches need reevaluation. The rise of professional advocacy in Australia suggests that the future might lie in a more agile, personalised, and efficient representation system.

In 2023, as the palm-fringed beaches and serene rainforests of Queensland continue to beckon many, a looming shadow is cast over its residents – the escalating housing crisis. The crisis has left numerous Queenslanders grappling with skyrocketing rents, a direct consequence of landlords trying to offset increasing interest rates set by the Reserve Bank of Australia. But how does this economic tug-of-war translate into a matter of human rights? Let's dive in. 1. The Human Right to Adequate Housing The right to adequate housing, as recognized by international human rights law, doesn't merely concern a roof over one's head. It pertains to the right to live in dignity, security, and peace. Every Queenslander, like all people, should have access to housing that is affordable, habitable, and accessible. 2. The Ripple Effect of Rising Interest Rates The Reserve Bank's decision to hike interest rates in 2023 has had repercussions far and wide. While the move aimed at stabilizing the economy, landlords, in an attempt to maintain profit margins, passed on the burden to their tenants. This rapid increase in rental prices means that many individuals and families are being priced out of their homes, leading to increased homelessness, financial strain, and mental health challenges. 3. Human Rights in the Crossfire When rent becomes unaffordable, it's not just a financial issue; it's a human rights issue. Being evicted or living in fear of eviction can result in severe mental anguish. Families may have to pull their children from schools, individuals might be forced into homelessness, and the elderly or disabled can find themselves in incredibly vulnerable situations without the needed support. 4. A Plea for Compassion and Regulation While landlords have the right to a fair return on their investment, there's a dire need for compassion and understanding of the broader implications of rental hikes. Government interventions, such as rental controls or subsidies, could play a pivotal role in ensuring that the fundamental human right to adequate housing is not compromised. 5. The Way Forward As Queensland grapples with this housing crisis, it's essential to remember the human faces behind the statistics. Collaborative efforts between the government, landlords, and community organizations are needed more than ever. Solutions could include more affordable housing projects, incentives for landlords who keep rents reasonable, and strengthening tenant protection laws. In conclusion, while economic adjustments like interest rate hikes are sometimes necessary for the broader health of the nation's economy, the cascading effects on everyday lives cannot be ignored. The Queensland housing crisis is more than just an economic issue; it's a stark reminder of the delicate balance between financial policies and fundamental human rights.

Introduction: Unfair dismissal is a topic that often sparks concern and debate in the realm of labor law. In Australia, the Fair Work Act provides crucial safeguards to protect employees from unjust termination. This legislation aims to ensure that employees are treated fairly and that their rights are upheld throughout the employment relationship. In this blog post, we will explore the concept of unfair dismissal and delve into the key provisions of the Fair Work Act that address this issue. Understanding Unfair Dismissal: Unfair dismissal refers to the termination of an employee's employment in a manner that is considered harsh, unjust, or unreasonable. It is important to note that the Fair Work Act provides a framework to determine whether a dismissal is fair or unfair, taking into account various factors such as the reasons for dismissal, procedural fairness, and the size of the employer's business. The Fair Work Act and Unfair Dismissal: 1. The Fair Work Act establishes the right for eligible employees to challenge their dismissal if they believe it was unfair. 2. The Act provides a clear definition of what constitutes unfair dismissal, ensuring consistency and transparency in the process. 3. It sets out specific criteria that must be met for a dismissal to be considered fair, including valid reasons, procedural fairness, and compliance with any applicable employment agreements or workplace policies. 4. The Act also outlines the remedies available to employees who have been unfairly dismissed, such as reinstatement, compensation, or other appropriate orders. Procedural Fairness: Procedural fairness is a crucial aspect of determining whether a dismissal is fair or unfair. Employers are required to provide employees with a reasonable opportunity to respond to any allegations or concerns before making a final decision. This ensures that employees have a fair chance to present their side of the story and defend themselves against any accusations. Small Business Fair Dismissal Code: The Fair Work Act recognizes that small businesses may face unique challenges when it comes to dismissing employees. To address this, the Small Business Fair Dismissal Code provides additional guidance and protection for small business employers. This code sets out clear steps and considerations that small businesses must follow to ensure fair dismissals. Seeking Redress: Employees who believe they have been unfairly dismissed can lodge a claim with the Fair Work Commission. The Commission will then assess the circumstances surrounding the dismissal and determine whether it was unfair. If a dismissal is found to be unfair, the Commission has the power to order remedies to rectify the situation and provide appropriate compensation to the affected employee. Conclusion: The Fair Work Act plays a crucial role in safeguarding employee rights and ensuring fair treatment in the workplace. Unfair dismissal is a significant concern for employees, and the Act provides a clear framework to address this issue. By setting out the criteria for fair dismissals, emphasizing procedural fairness, and providing remedies for those who have been unfairly dismissed, the Fair Work Act aims to create a balanced and equitable employment landscape. Unfair dismissal is a serious matter that deserves attention and consideration. Employers should familiarize themselves with the provisions of the Fair Work Act to ensure compliance and fair treatment of their employees. By doing so, they contribute to a harmonious and respectful work environment that benefits both employers and employees alike. Remember, understanding the Fair Work Act and its provisions regarding unfair dismissal is crucial for both employers and employees to navigate the complexities of the employment relationship and maintain a fair and just workplace for all.

In the matter of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1, the High Court of Australia meticulously examined a contentious dispute that transpired between the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the corporate entity, Personnel Contracting Pty Ltd. Central to this case was the assertion posited by CFMMEU that Personnel Contracting had transgressed the provisions enshrined within the Fair Work Act 2009 (Cth) by engaging in activities constituting prohibited industrial action. The foundation of CFMMEU's claim revolved around the contention that Personnel Contracting had orchestrated and fomented a cessation of labor activities by its employees, a work stoppage that purportedly flouted the requisite procedural requisites delineated within the Act. Foremost amongst the considerations undertaken by the esteemed High Court was the pivotal inquiry into whether the actions undertaken by Personnel Contracting indeed met the threshold of prohibited industrial action as prescribed by the Act. The Act, as elucidated by the Court, circumscribes prohibited industrial action as actions that are deliberately undertaken during a period of bargaining with the intent of exerting coercion or pressure upon a counterparty entrenched within the bargaining process, be it an employer or employees. The High Court, speaking unanimously, espoused the stance that the actions undertaken by Personnel Contracting did not meet the criterion encapsulated within prohibited industrial action. The Court's discernment revealed that the work stoppage, rather than being a calculated endeavour orchestrated by Personnel Contracting, had transpired as an impulsive response by the employees. Moreover, the Court discerned that the cessation of labor activities lacked the requisite intent to coerce or exert pressure upon CFMMEU or any other stakeholders involved in the bargaining discourse. The pronouncement of the Court underscored the imperative of scrupulously construing and applying the tenets imprinted within the Fair Work Act, thereby safeguarding the rights and responsibilities attendant to both employers and employees. The Court's pronouncement adumbrated that the interpretation of the Act should be so adjudged as to not unduly constrict the legitimate exercise of industrial rights. In ultimate disposition, the High Court adjudicated in favor of Personnel Contracting, dismissing CFMMEU's assertions and averring that the activities undertaken by Personnel Contracting did not fall within the rubric of prohibited industrial action as per the ambit of the Fair Work Act. The repercussions of this case resonate with profound implications for the exegesis and application of the Fair Work Act, particularly in the sphere of industrial action. It furnishes a clarion elucidation of the benchmarks that must be satisfied for activities to merit classification as prohibited industrial action and accentuates the imperative of meticulous scrutiny of contextual circumstances and intentions that animate the actions of the respective parties ensconced within such legal contentions. This decision is having a long-lasting impact on the income and employment security of a number of Australian's, including those working in the NDIS world where families of service users are essentially becoming the employers instead of the corporations that are hiding from their responsibilities at the behest of those families and service users.

A new document has been published on the SCHADS Award variation (AM2023/2) page of our website. The Fair Work Commission have published: Transcript of the hearing held on 13 July 2023

To initiate a workers' compensation appeal in Queensland, several steps need to be followed. The process typically involves the following stages: 1. Lodge a Notice of Claim: The injured worker must first notify their employer about the workplace injury within the prescribed time frame. The employer then submits a Notice of Claim to their workers' compensation insurer. 2. Decision by the Insurer: The insurer will assess the claim and determine whether to accept or reject it. If the claim is accepted, the worker will receive compensation and necessary medical treatment. However, if the claim is rejected, the worker can proceed to the next step. 3. Internal Review: The worker has the right to request an internal review of the insurer's decision. This involves submitting a request to the insurer within 20 business days of receiving the decision notice. The insurer will then review its original decision. 4. Workers' Compensation Regulator: If the internal review does not result in a satisfactory outcome, the worker can escalate the matter to the Workers' Compensation Regulator (WCR). The WCR provides an independent avenue for resolving disputes related to workers' compensation. 5. Application for Conciliation: The worker needs to file an application for conciliation with the WCR. This application should outline the details of the dispute, including the reasons for challenging the insurer's decision. The WCR will then schedule a conciliation conference. 6. Conciliation Conference: The conciliation conference is an informal meeting that brings together the worker, the insurer, and a conciliation officer from the WCR. During the conference, all parties attempt to negotiate a resolution to the dispute. If an agreement is reached, it becomes binding on the parties involved. 7. Workers' Compensation Regulator Decision: If the conciliation conference does not result in a resolution, the matter may proceed to a decision by the WCR. The WCR will review the evidence presented and make a determination based on the facts and applicable laws. 8. Appeal to the Queensland Industrial Relations Commission (QIRC): If any party disagrees with the WCR's decision, they have the right to appeal to the QIRC. The appeal should be lodged within the specified time frame, accompanied by relevant supporting documents. 9. Queensland Industrial Relations Commission Hearing: The QIRC will conduct a hearing to review the case. All parties involved will have the opportunity to present their arguments and evidence. The QIRC will then make a final decision based on the merits of the case. 10. Further Appeal: If any party is dissatisfied with the QIRC's decision, they may have the option to seek further appeal to a higher court, such as the Queensland Court of Appeal. However, it's important to note that the availability of further appeals may be subject to specific legal requirements and limitations. It is crucial for individuals involved in a workers' compensation appeal in Queensland to understand that seeking advice from professionals experienced in workers' compensation law can greatly assist in navigating the complex process and ensuring the best possible outcome.

This is a summary of a decision made by the Fair Work Commission regarding the review of modern awards and the inclusion of shutdown provisions. The decision specifically focuses on the Black Coal Mining Industry Award 2020. In February 2019, a Full Bench proposed a model annual leave shutdown provision and established a timetable for submissions. This proposal was based on a previous decision made in October 2017 that had replaced the existing provision in the Black Coal Award. Due to the COVID-19 pandemic, the matter was put on hold. In August 2022, the Full Bench expressed a provisional view that 79 awards should be varied to include the proposed model clause. Draft determinations were published for comment, and further modifications were made in December 2022. However, it was discovered in January 2023 that a draft determination for the Black Coal Award had not been published. The Commission requested submissions on whether clause 24.9 of the Black Coal Award should be varied. The CFMMEU Mining and Energy Division (MEU) submitted that it should not be varied, as it had already been finalized in the October 2017 decision. The MEU also raised concerns about how the model clause would disadvantage employees. The Full Bench considered the history of the matter and the differences between the Black Coal Award and the model clause. They concluded that it was not necessary to vary clause 24.9 of the Black Coal Award to achieve the modern awards objective. They also declined the MEU's request to add an ancillary provision regarding unpaid leave. The MEU was advised to make an award variation application if they wished to pursue this further.

Before 2018, the Commission was required to review all modern awards every 4 years. During the review the Commission could make new modern awards, or change (vary) or cancel (revoke) existing modern awards. Content The 4 yearly review commenced on 1 January 2014. The process was conducted in 3 stages: an initial stage to determine any jurisdictional issues an award stage where each award would be reviewed in its own right, and a common issues stage dealing with claims that would affect all or most modern awards. Note: any variation of minimum wages as part of the modern awards review can only be based on work value reasons. The review is now in its final stages. Source: www.fwc.gov.au

The entitlement to a 10-hour break between shifts for electricians or any other occupation is determined by the Fair Work Act 2009 and the relevant Modern Award that applies to your employment. The Modern Award that covers electricians is the Electrical, Electronic and Communications Contracting Award 2020. According to the Electrical, Electronic and Communications Contracting Award 2020, there are provisions regarding rest breaks and minimum rest periods between shifts. However, it is important to note that specific requirements may vary depending on your employment circumstances, such as your classification level, employment status, and any applicable enterprise agreements. Under the Award, the general provision for rest breaks is that employees are entitled to a paid meal break of 30 minutes after working five hours. However, the Award does not specifically mention a 10-hour break between shifts for electricians or any other occupation. To determine the specific entitlement to a 10-hour break between shifts, it is recommended to review your employment contract, any applicable enterprise agreements, and consult with your employer or a legal professional. They can provide you with accurate information based on your specific circumstances and ensure compliance with the Fair Work Act and the relevant Modern Award. It's important to stay informed about your rights and obligations as an employee, and to address any concerns or questions with your employer or relevant authorities. The Fair Work Commission and the Fair Work Ombudsman can provide further guidance and assistance regarding your employment rights and entitlements under Australian law.