Major tribunal decisions in Australia in 2012

Abstract

This article examines a number of decisions of Fair Work Australia, the High Court of Australia and the Federal Court of Australia from 2012 regarding the application of the Fair Work Act 2009. In the decision of Bendigo v Barclay, the High Court considered how the courts should approach a determination as to whether an employer has engaged in adverse action for a prohibited reason. The Endeavour Coal decisions of Fair Work Australia and the Federal Court have addressed the good-faith bargaining provisions of the Fair Work Act 2009. Further, Fair Work Australia has resolved conflicting authority regarding the approval of enterprise agreements containing ‘opt-out’ clauses. In other decisions, Fair Work Australia has considered an appeal from unfair dismissal proceedings regarding an employee who was terminated on the basis of an offensive Facebook page, and the Federal Court has confirmed the existence of an implied term of mutual trust and confidence in an employee's contract.