The following employment law cases have been reported:
Employee entitlements: Victoria Police had reasonable business grounds for refusing flexibility request
The Fair Work Commission (FWC) held that the Victorian Police had reasonable business grounds for partly refusing a flexible work request made under the relevant enterprise agreement by a police officer with caring responsibilities for his young child.
The Police Federation of Australia (Victoria Police Branch) t/a The Police Association of Victoria v Victoria Police/Chief Commissioner of Police (2021) 73 AILR ¶103-391; [2021] FWC 5983
Termination of employment: Accidentally eating 3 marijuana cookies not a convincing explanation for failed drug test
The FWC dismissed an application for an unfair dismissal remedy brought by an employee who tested more than 19 times above the cannabinoid level allowed by the employer’s workplace policy.
Masters v Wilmar Sugar Pty Ltd t/a Wilmar Sugar (2021) 73 AILR ¶103-390; [2021] FWC 6230
Modern awards: Pieceworkers to receive guaranteed minimum wage
Fruit and vegetable pickers will be entitled to a guaranteed minimum wage of $25.41 per hour, with a Full Bench of the FWC expressing the provisional view that the horticulture industry’s piecework arrangement was “not fit for purpose”.
Horticulture Award 2020 (2021) 73 AILR ¶103-389; [2021] FWCFB 5554
Employee entitlements: Delivery drivers were independent contractors and not employees
Drivers engaged to pick up and deliver...
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