Australia: accommodation is not a 'payment' — the Mammoet case
We have now had slightly more than a week to consider the effect of the Mammoet case (CFMEU v Mammoet  HCA 36).
In the Mammoet case, the High Court unanimously allowed an appeal from a decision of the Federal Court of Australia, which held that the provision of accommodation to employees during a period of ‘protected industrial action’ would have constituted a ‘payment’ by their employer that was prohibited by s470(1) of the Fair Work Act 2009 (Cth).
Section 470(1) provides that if an employee engages in ’protected industrial action… the employer must not make a payment to an employee in relation to the total duration of the industrial action on that day’…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The US Supreme Court has invalidated federal aggregate limits on individual political contributions in the case McCutcheon et al v Federal Election Commission.
Law à la Mode — April 2014: fashion flair transforms wearable technologies; delivering IT services in the retail sector; and more
DLA Piper has released the April 2014 issue of its Law à la Mode publication.
Analysis from The Lawyer
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions
The fragile refinance market is back in rude health and US-style alternative lenders are stepping up with innovative structures to sustain the recovery