High Court to decide if mutual trust and confidence is implied in employment contracts

The High Court has granted the Commonwealth Bank of Australia (the Bank) special leave to appeal the Full Federal Court’s decision in Commonwealth Bank of Australia v Barker[2013] FCAFC 83. The case will be significant as it will be the first time the High Court has considered if an implied term of mutual trust and confidence exists in employment contracts.

Federal Circuit Court refuses to hear ‘union slush fund’ dispute

Union reserve funds are not illegal, but that has not stopped them from becoming controversial in the context of recently uncovered instances of serious misuse these funds. Sheehan v Australian Municipal Administrative, Clerical and Services Union & Ors [2013] FCCA 2137 is a Federal Circuit Court decision that sheds light on union members’ standing to bring actions for alleged misconduct by officials. It is cases such as this one which have attracted media attention and seen most union reserve funds pejoratively labelled ‘slush funds’.

The Administrative Review Council recommends legislative change to turn back the tide of section 39B actions.

The Administrative Review Council (the ARC) is established to ‘ensure that the administrative decision-making processes of the Commonwealth Government are correct according to law and accord with administrative law values, by working with all relevant interests — political, bureaucratic and community based’.

On 24 September 2012, the ARC launched its 50th report, Federal Judicial Review in Australia.