LAW – AUSTRALIA – CASES

NAB faces test case over unpaid overtime

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 8-Mar-23

The issue of ‘reasonable additional hours’ for white-collar workers will come under scrutiny in a test case launched by the Finance Sector Union. The case centres on four National Australia Bank managers who allege that they were required to work unreasonable unpaid hours over several years. The FSU’s national secretary Julia Angrisano says the NAB managers are nominally employed to work 38 hours a week, but their actual hours can range between 10 and 16 hours per day, every day of the week. Angrisano adds that the FSU will seek compensation for all of NAB’s managers if it wins the test case, while it would also pursue action against the nation’s other major banks.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, FINANCE SECTOR UNION

Teal MP Ryan sued over sacking for unreasonable hours

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Original article by Ronald Mizen, Michael Read
The Australian Financial Review – Page: 3 : 1-Feb-23

The enterprise agreement for staff of federal MPs provides for them to receive an allowance for when they are required to work "reasonable additional hours" over and above the ordinary hours of duty. The court application filed by Sally Rugg shows that the former chief of staff to independent MP Monique Ryan alleges that she was sacked for refusing to work "unreasonable" hours. Rugg will contend that her dismissal constitutes a breach of the Fair Work Act because it was in response to her exercising a workplace right. She is seeking an injunction to prevent her termination from taking effect until the dispute is resolved, as well as compensation from Ryan and the federal government. The enterprise agreement does not define what constitutes "reasonable hours".

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Dozens more cases expose CFMEU to maximum fines

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 5 : 19-Jan-23

Court records show that the Fair Work Ombudsman is currently handling 35 open cases involving the Construction, Forestry, Maritime, Mining & Energy Union. This includes five appeals launched by the CFMEU and one appeal that was instigated by the defunct Australian Building & Construction Commission. The ABCC’s case load was transferred to the FWO after the building industry watchdog was abolished in late 2022. Steven Amendola of law firm Kingston Reid says the CFMEU could potentially face total fines in excess of $5m if judges impose maximum or near-maximum penalties in each case.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK OMBUDSMAN, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, KINGSTON REID

Traditional owners compare FMG damage to Juukan Gorge

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Original article by Brad Thompson
The Australian Financial Review – Page: 20 : 12-Oct-22

Fortescue Metals Group faces a compensation claim from the Yindjibarndi people over the construction of its Solomon iron ore hub in the Pilbara. The compensation claim is based on a Federal Court ruling that part of the Solomon hub was built without the permission of the traditional owners. Fortescue has been accused of destroying sacred and significant sites, and the Yindjibarndi’s compensation claim will be based on factors such as cultural loss, pain and suffering, and economic loss. The Yindjibarndi Aboriginal Corporation has likened the cultural significance of the traditional owners’ losses to Rio Tinto’s destruction of ancient Indigenous rock shelters at Juukan Gorge.

CORPORATES
FORTESCUE METALS GROUP LIMITED – ASX FMG, FEDERAL COURT OF AUSTRALIA, YINDJIBARNDI ABORIGINAL CORPORATION, RIO TINTO LIMITED – ASX RIO

Court backs contract jobs

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 9 : 10-Feb-22

University of Adelaide law professor Andrew Stewart says a landmark High Court decision is a "big win" for companies which contend that their workers are independent contractors rather than employees. The court has ruled that two truck drivers who had worked exclusively for a lighting company for nearly four decades via a partnership arrangement are not employees, and are therefore not entitled to minimum pay and conditions. A majority of the court adopted a strict approach that relied almost solely on the terms of the contract itself. However, in a separate judgment the court has ruled that a British backpacker was an employee rather than a contractor, because his contract gave his construction labour hire firm the right to decide who he could work for.

CORPORATES
HIGH COURT OF AUSTRALIA, UNIVERSITY OF ADELAIDE

Netflix, Disney, Warner Bros sue telcos to block popular piracy websites

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Original article by Matthew Elmas
The New Daily – Page: Online : 23-Nov-21

Major Hollywood studies including Disney and Netflix have launched legal action against ISPs such as Telstra and Optus, demanding that they block Australians from accessing 34 websites that are linked to illegal content. With Australia regarded as a global ‘hotspot’ for film piracy, Victoria University’s senior lecturer in screen media Marc C-Scott suggests that the legal action will attract a lot of interest around the world.

CORPORATES
WALT DISNEY COMPANY, NETFLIX INCORPORATED, TELSTRA CORPORATION LIMITED – ASX TLS, SINGTEL OPTUS PTY LTD, VICTORIA UNIVERSITY

ABC board left out on legal costs

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Original article by James Madden, Sophie Elsworth
The Australian – Page: 3 : 27-Oct-21

The ABC’s MD David Anderson has told a Senate estimates hearing that he made the decision to pay the legal costs of journalist Louise Milligan in a defamation case, and he did not consult the public broadcaster’s board. Anderson defended his actions by saying he had legal advice to the effect that the ABC could potentially have been held vicariously liable for Milligan’s social media posts regarding Liberal MP Andrew Laming; this could have resulted in legal costs for the ABC of up to $700,000. It is estimated that the ABC has incurred legal costs of about $184,000 arising from the case.

CORPORATES
AUSTRALIAN BROADCASTING CORPORATION, LIBERAL PARTY OF AUSTRALIA

ABC in cover-up claim over Louise Milligan’s tweets about MP Andrew Laming

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Original article by Janet Fife-Yeomans
The Daily Telegraph – Page: Online : 26-Oct-21

The ABC is under renewed scrutiny over Andrew Laming’s defamation payout after the public broadcaster declined to release 161 documents concerning the case. The documents in question involve internal discussions regarding the tweets of journalist Louise Milligan about the federal Liberal MP. The documents were requested via freedom of information laws, but the ABC released copies of the documents in which most of the text had been blacked out. One Nation MP Mark Latham has urged Communications Minister Paul Fletcher to release all documents relating to the Laming case.

CORPORATES
AUSTRALIAN BROADCASTING CORPORATION, LIBERAL PARTY OF AUSTRALIA, ONE NATION PARTY, AUSTRALIA. DEPT OF INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT AND COMMUNICATIONS

Qantas accused of pilot underpay

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Original article by Robyn Ironside
The Australian – Page: 7 : 19-Oct-21

Former Qantas pilot Captain Andrew Hewitt has taken the airline to the Federal Court over what he contends is a shortfall in his termination payout. Hewitt, who is the son of former Qantas chairman Sir Lenox Hewitt, was among a number of pilots who were offered early retirement and redundancy packages when it stopped international flights because of the pandemic. Hewitt alleges that Qantas ‘shortchanged’ him by more than $92,000; a spokesman for Qantas says it intends to defend the claim being made against it by Hewitt.

CORPORATES
QANTAS AIRWAYS LIMITED – ASX QAN, FEDERAL COURT OF AUSTRALIA

Union scores another legal win over Qantas

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Original article by Robyn Ironside
The Australian – Page: 15 : 22-Sep-21

The Federal Court has rejected Qantas’s push to delay a preliminary remedy hearing with regard to the reinstatement of ground-handling staff whose jobs had been outsourced. The preliminary hearing had been scheduled for 1 October, but Qantas argued that it should be postponed until the carrier’s appeal against the Federal Court’s recent ruling in the case is heard in 2022. The court had found that Qantas’s decision to outsource 2,000 jobs was at least partly aimed at avoiding industrial action; the airline had contended that the move was solely aimed at achieving cost savings of $100m.

CORPORATES
QANTAS AIRWAYS LIMITED – ASX QAN, FEDERAL COURT OF AUSTRALIA