Dismissal for Viewing Pornography at Work Was Not Unfair – Gary Mellios v Qantas Airways Limited [2020] FWC 2989

Overview  A 59-year-old engineer with an unblemished career of 41 years with Qantas filed proceedings under s 394 of the Fair Work Act 2009 (Cth) for unfair dismissal. Qantas had issued iPads to engineers to remotely access the IT system. The iPad was permitted to be used for personal use and able to be set […]

Work Health and Safety Experts Engaged for Western Australian Civil/Construction Project

The Work Health and Safety Experts (‘WHSE’) have been engaged by a Western Australian-based operation to provide health, safety and environment management and advisor coverage for a multi-million-dollar construction project in the Perth CBD. The six-month project, starting in September 2020, has our health and safety consultants responsible for a range of duties. The duties […]

$113,812 for Car Park Injury – Baker v Bunnings Group Limited [2020] NSWDC 310

67-year-old Shirley-Ann Baker filed proceedings against Port Macquarie Bunnings for $702,414.93 after falling and dislocating her left ankle. Ms. Baker fell from the kerb of a raised concrete island in the carpark in October 2017. The Statement of Claim outlined nine separate claims of negligence under the Civil Liability Act 2002 (NSW). This included failure […]

Queensland Introduces Industrial Manslaughter Outside of WHS Act

The Queensland State Government has passed the Mineral and Energy Resources and Other Legislation Amendment Bill 2020 (Qld). The Bill introduces a raft of changes, including the charge of industrial manslaughter outside of the Work Health and Safety Act 2011 (Qld) for fatalities arising from criminal recklessness or gross negligence by a PCBU or a […]

Work Health and Safety Experts Provide Response to WA Parliament for Industrial Manslaughter Provisions

In June 2020, the Work Health and Safety Experts provided feedback to the Acting Director General of Safety Regulation for the Department of Mines, Industry Regulation and Safety (‘DMIRS’). Feedback was sought by leading organisations in the work health and safety sector regarding the introduction of a raft of potential amendments outlined in the Work […]

Australia to Introduce Director Identification Numbers

On 22 June 2020, the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019 (Cth) received assent. Schedule 2 of the Bill has introduced the requirement for directors to apply for and hold a Director Identification Number (‘DIN’) from ASIC. As a result of this measure to counter phoenix activities and improve transparency, amendments […]

COVID-19 Dismissal Upheld by Fair Work – Knight v One Key Resources [2020] FWC 3324

The Fair Work Commission has upheld that the dismissal of an employee was not ‘harsh, unjust or unreasonable’ under s 385 of the Fair Work Act 2009 (Cth), after the employee refused to complete an internal COVID-19 survey by his employer that requested the supply of dates and locations of personal travel plans within the […]

Work Health and Safety Experts Certified in Medicolegal Death Investigation

Managing Director Liam O’Connor has received certification in medicolegal death investigation from the University of North Dakota. The medicolegal death investigation system is responsible for conducting death investigations and certifying the cause and manner of unnatural and unexplained deaths.  The Work Health and Safety Experts can provide occupational health and safety consulting and perform independent […]

Work Health and Safety Experts Featured in the United Nations

Congratulations to Managing Director Liam O’Connor on his recent publication to the United Nations Commission on International Trade Law (‘UNCITRAL’). The article, ‘Should the implied duty of confidentiality be rejected for international commercial arbitration’ was raised during the 53rd session of the sitting of UNCITRAL in New York.  […]

Virtual Work Health and Safety Consulting

The Work Health and Safety Experts continue to provide a range of ‘virtual’ consulting services across our clientele during the COVID-19 pandemic. The services offered include: AS/NZS, Industrial Rope Access Trade Association (‘IRATA’), ISO Systems Establishment; Board and Executive Reporting; Certification to AS/NZS 4801, ISO 9001, ISO 14001, OHSAS 18001, ISO 29001 and ISO 45011; […]