Published on Australian Federation of Employers & Industries
http://afei.org.au

Significant constitutional challenge allowed

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Hobby farmer succeeds in High Court OHS appeal

The High Court has granted the appeal of a New South Wales hobby farmer against his criminal conviction and $121 000 fine under NSW occupational health and safety law.

As we predicted in the October issue of the Adviser last year, a successful appeal has called into question the entire line of judicial authority on an employers duty of care under the NSW law.

Rudd Government's IR changes

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  • Award Modernisation
  • Workplace Relations Amendment (Transition to Forward With Fairness) Act 2008
  • National Employment Standards
  • No Disadvantage Test
  • 'Good faith' bargaining
  • Proposed legislative timetable