Major court and tribunal decisions in Australia in 2017

Abstract

This annual survey of significant court and tribunal decisions in Australia in 2017 covers changes to the award safety net implemented through the 4-yearly review, including in relation to penalty rates and casual employment. It outlines developments in collective bargaining, focusing on agreement-making, protected industrial action, the good faith bargaining provisions and the rise in successful applications by employers for termination of agreements. A Queensland decision considering community pickets and the interaction between state peaceful assembly legislation and the Fair Work Act is also noted. Decisions on workplace discrimination show that the courts are still grappling with Fair Work Act provisions in this area, and taking divergent approaches. The survey also discusses a successful accessorial liability action taken by the Fair Work Ombudsman, which is significant for both internal and external business advisors.