Major Tribunal Decisions in 2005

Abstract

In their review of the major tribunal decisions, the authors review the significant cases of the previous year. These decisions touch upon newly contested terrains of industrial conflict such as employee entitlements and the ongoing use of the provisions of the Workplace Relations Act to thwart outsourcing strategies. To that end, the authors first analyse the Federal Court decisions arising from the controversial Manusafe employee entitlements trust fund and the Greater Dandenong City Council's decision to outsource home care services. Secondly, the authors proceed to provide a considered review of the High Court's assessment of the elusive distinction between employee and independent contractors. Thirdly,the authors reflect upon an interesting decision of the Australian Industrial Relations Commission which specifically exposed the interconnectedness of the Air New Zealand and Ansett Group of companies. The authors comment that the decisions reviewed are symptomatic of the evolving nature of industrial relations and industrial conflict.

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