Opposing union and employer applications for Telstra award coverage have become a test case for approving modern enterprise awards (MEAs) under the Fair Work Act, Workforce news service associate HR Report revealed this week. The case follows last year's rejection by the tribunal of MEAs submitted by KFC and Pizza Hut. Late last year, the ACTU on b...
Telstra test case for MEAs
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Rehab record defeats adverse action claim
An HR manager's insistence an injured employee not be made redundant while on rehabilitation appears to have avoided an adverse action order against his employer. Concreting supervisor Brad Winter suffered a back injury when working for earthmoving company Ostwald Brothers Civil Pty Ltd in southeast Queensland on March 28, 2010. Winter cut his hour...
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Services sector boost
WFD: January saw a lift in activity in the services sector for the first time in three months, the latest Australian Industry Group/Commonwealth Bank Australian Performance of Services Index (PSI) shows. The seasonally adjusted index was 2.9 points stronger in January, reaching 51.9 points - indicating an expansion in activity. The strongest perfor...
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MUA implicated in 'no ticket no hire' prosecution
The Maritime Union of Australia (MUA) and a national labour hire firm are being prosecuted for allegedly enforcing union membership as a prerequisite for employment. The Fair Work Ombudsman claims Offshore Marine Services Pty Ltd (OMS) refused to hire a Perth couple in 2009 as they were not MUA members. It is alleged the MUA refused the couple memb...
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Striking Port Kembla workers return to negotiation table
WFD: BHP Billiton and 100 striking workers at its Port Kembla coal terminal are back in talks to end their impasse over terms in a new workplace agreement. Workers returned to work on Wednesday after a week-long stoppage in support of pay and job security demands, only to stop work for a further 48 hours yesterday (February 9). Rolling stoppages ar...
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Nothing improper about FWA-HSU inquiry: Prof Stewart
WFD: Fair Work Australia has handled its inquiry into the Health Services Union (HSU) properly but legitimate questions have been raised about the length of the investigation and whether there has been political interference, industrial relations specialist Professor Andrew Stewart has told Workforce Daily. The industrial tribunal has been widely c...
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Vic nurses rule out industrial action but mass resignations still an option
WFD: The Australian Nursing Federation (ANF) says it won't renew industrial action when its 90-day FWA-issued suspension order ( WF18004 ) expires at the end of next week, but it has not ruled out mass resignations. ANF Vic assistant secretary Paul Gilbert told Workforce Daily mass resignations "remains an option if we don't get traction any other ...
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FWA ends Schweppes industrial action as arbitration looms
On Friday Fair Work Australia ordered about 150 Schweppes employees back to work, terminating all protected industrial action at the company's Tullamarine (Melbourne) site. Although Senior Deputy President Les Kaufman's decision did not include reasons, last week he went against United Voice's objections and asked employees to contact him directly ...
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'Expensive confusion' over informal appointment of café manager
A federal magistrate has warned of the "expensive confusion" that can be created when businesses informally negotiated employment terms with employees, after ordering a small café to pay a former manager $38,000 for breaching a workplace contract. Pavilion Space Bar Pty Ltd hired Habib Farah to manage its new Aero Café and Bar in central Sydney fro...
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Port Kembla strikes continue
Strikes are set to continue at the BHP Billiton-operated Port Kembla Coal Terminal (PKCT) this week after talks with the Construction Forestry Mining Energy Union (CMFEU) failed late last week ( WF18085 ) . The CFMEU has given notice of three protected industrial action stoppages: 48 hours from 7am yesterday to 7am tomorrow (February 14); 12 hours ...
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Rio Tinto and Springvale appeals will not be heard by High Court
Mining giant Rio Tinto has lost its three-year battle to have a non-union workplace agreement validated for its Pilbara mining operations. The High Court on Friday (February 10) rejected Rio's bid for a special leave to appeal a 2011 Federal Court Full Court decision which ruled a 2008 agreement reached with 10 iron ore workers was invalid ( WF1784...
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Johns initiates ABCC probe following botched prosecution
Australian Building Construction Commission (ABCC) Commissioner Leigh Johns has invited the Australian Government Solicitor (AGS) to investigate the way the agency handled evidence in the wake of a botched prosecution against union officials John Setka and Matt Hudson. The Melbourne Magistrates Court last week threw out charges against the Construc...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: Kate Corbett. Managing Editor: Peter Schwab.
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Willox to succeed Ridout at AiG
Today's Australian Industry Group national executive meeting in Canberra has appointed Innes Willox as the organisation's new chief executive, succeeding Heather Ridout. Willox served as the Australian Consul General to Los Angeles from 2006 to 2008, and was chief of staff to the Minister for Foreign Affairs, Alexander Downer, from 2004 to 2006. He...
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Schweppes workers will not trade-in work/life balance as union talks arbitration
As the Schweppes dispute moves into conciliation, United Voice is vowing to keep the pressure on the company until it backs down on its move towards 12-hour shifts. Union assistant Victorian secretary Ben Redford told Workforce Daily the matter would be pushed into arbitration unless the company changes its plan to increase shift lengths. “We...
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Drafting SACS orders require one more discussion before FWA
The Social and Community Services (SACS) industry equal remuneration final order will be delayed again, after the Australian Services Union and Federal Government requested Fair Work Australia chair a discussion of the parties to deal with any unintended consequences and overall cost impacts of the February 1 decision ( WF18075 ) . The tribunal had...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: Kate Corbett. Managing Editor: Peter Schwab.
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Greens push to give workers more flexibility
All workers who have been in their job for at least 12 months would have the right to request flexible working arrangements under a new Bill introduced to Federal Parliament by Greens MP Adam Bandt. The Fair Work Amendment (Better Work/Life Balance) Bill 2012 aims to strengthen the Fair Work Act's individual flexibility arrangements, which Bandt be...
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Telco entitled to make changes to job during maternity leave: FWA
A telco accounts manager who returned from maternity leave to find her employer had given some of her accounts to others and taken away her support staff has lost her unfair dismissal claim after Fair Work Australia found her employer was entitled to make changes to her job. However, the tribunal criticised Soul Pattinson Telecommunications (Soul) ...
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Holden says media reports over new EA deal misleading and premature
Holden has slammed media coverage claiming its new enterprise agreement proposed wage increases of up to 22.2% over three years for its 4,000-strong workforce and was one-sided and premature. Holden said reports of the deal had been "misleading" and took "a very one-sided view of negotiations". The company said it would not comment on the details o...
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