The Fair Work Act is an Australian law enacted in 2009 that established the framework for the nation’s modern awards system, which sets the terms and conditions of employment, along with minimum wages and other entitlements In addition, the Fair Work Act provides a platform of dispute resolution and employee protection measures.
The Fair Work Act applies to all employers and employees in Australia, regardless of the size of the organization or the nine categories of employees listed in the legislation. The main purpose of the law is to ensure that employers provide their employees with fair wages and other entitlements as prescribed by the law.
One example of when the Fair Work Act has been applied is in the case of Peabody Energy Australia Pty Ltd v Construction, Forestry, Mining and Energy Union. In this case, the Court of Appeal of the Federal Court of Australia found that the employer had breached the Fair Work Act by failing to pay eligible employees redundancy payments.
Another example of when the Fair Work Act has been applied is in the case of McKinnon v Nationwide News Pty Ltd. In this case, the Full Court of the Federal Court of Australia found that the employer had breached the Fair Work Act by failing to provide an employee with proper notice of termination.
In addition, the Fair Work Act was applied in the case of White v Lachlan Whittle Pty Ltd. In this case, the Full Court of the Federal Court of Australia found that the employer had breached the Fair Work Act by employing an employee who was not entitled to work in Australia.
The Fair Work Act was also applied in the case of Stotle v Summerland Credit Union Ltd. In this case, the Full Court of the Federal Court of Australia found that the employer had breached the Fair Work Act by failing to provide an employee with proper notice of termination due to redundancy.
Lastly, the Fair Work Act was applied in the case of Australian Council of Trade Unions v BHP Coal Pty Ltd. In this case, the Court of Appeal of the Federal Court of Australia found that the employer had breached the Fair Work Act by failing to provide an employee with proper termination entitlements.
These are a few examples of how the Fair Work Act has been successfully applied in court cases to ensure that employers provide their employees with fair wages and other entitlements as prescribed by the law. This law provides a platform of dispute resolution and employee protection measures in Australia.