000 01858nam a22002537a 4500
003 ZW-GwMSU
005 20240604101415.0
008 240604b |||||||| |||| 00| 0 eng d
022 _a00221856
040 _aMSU
_bEnglish
_cMSU
_erda
050 0 0 _aHD8391 JOU
100 1 _aCatanzariti, Joseph
_eauthor
245 1 0 _aMajor tribunal decisions in Australia in 2012/
_ccreated by Joseph Catanzariti and Christopher Kane
264 1 _aLondon:
_bSage,
_c2013.
336 _2rdacontent
_atext
_btxt
337 _2rdamedia
_aunmediated
_bn
338 _2rdacarrier
_avolume
_bnc
440 _aThe journal of industrial relations
_vVolume 55, number 3
520 3 _aThis article examines a number of decisions of Fair Work Australia, the High Court of Australia and the Federal Court of Australia from 2012 regarding the application of the Fair Work Act 2009. In the decision of Bendigo v Barclay, the High Court considered how the courts should approach a determination as to whether an employer has engaged in adverse action for a prohibited reason. The Endeavour Coal decisions of Fair Work Australia and the Federal Court have addressed the good-faith bargaining provisions of the Fair Work Act 2009. Further, Fair Work Australia has resolved conflicting authority regarding the approval of enterprise agreements containing ‘opt-out’ clauses. In other decisions, Fair Work Australia has considered an appeal from unfair dismissal proceedings regarding an employee who was terminated on the basis of an offensive Facebook page, and the Federal Court has confirmed the existence of an implied term of mutual trust and confidence in an employee's contract.
650 _aAdverse action
_vFair Work Act 2009
_xGood-faith bargaining
_zAustralia
700 1 _aKane, Christopher
_eauthor
856 _uhttps://doi.org/10.1177/0022185613480745
942 _2lcc
_cJA
999 _c165880
_d165880