Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd
| Jurisdiction | Australia Federal only |
| Judgment Date | 28 March 2023 |
| Neutral Citation | [2023] FCAFC 51 |
| Date | 28 March 2023 |
| Court | Full Federal Court (Australia) |
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5 firm's commentaries
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Important clarification of law about requiring employees to work on public holidays
...employers and what employers need to do now. Short read In Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 (Public Holiday Case), the Full Court held an employer cannot require an employee to work on public holidays the employer has first requeste......
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Important developments regarding public holidays: Can employees be required to work?
...employees' entitlement to be absent on a public holiday. In Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51, the Court overturned a decision of the Federal Court, finding that the primary judge erred in his Honour's interpretation of 'request' und......
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Unwrapping the gift of Overtime: An employer's right to request public holiday work
...cannot rely on enterprise agreements or contracts requiring employees to work on public holidays. The case of CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51 has shown that contracts which "require" an employee to work on public holidays is a contravention of section 114 and a breach of the Fair W......
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The right to disconnect and managing the psychosocial risks of being ‘online’ outside office hours
...2009 (Cth) s 114(1) (‘FW Act’). [4] FW Act s 114(2)-(3). [5] Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 at [5] (‘OS MCAP Pty Ltd’). [6] OS MCAP Pty Ltd at [38]. [7] Fair Work Amendment (Right to Disconnect) Bill 2023 sch 1. [8] ‘Final Report’......
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