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FWC rejects 42% return rate for determining majority support

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The Fair Work Commission has dismissed APN journalists' bid for a majority support determination (MSD) after rejecting that a majority must be compared to the number of returned ballots and not just the total eligible voters. Commissioner Paula Spencer rejected evidence from a statistician that a response rate of 42% would be regarded as a high res...

Industrial dispute days fall to two-year low

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WFD: Days lost to industrial disputes fell by about 30% in the year to June 2013 and were at their lowest quarterly level in two years, the latest Australian Bureau of Statistics data shows. There were 20,300 working days lost to industrial disputes in the June quarter 2013, a fall from 52,100 in the March quarter 2013. Less workers involved in dis...

New DP praised as ‘deft' mediator

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Newly appointed Fair Work Commission Deputy President John Kovacic has been praised for his “deft hand in taming stakeholders” and his significant role in historical industrial relations reforms. Speaking at DP Kovacic's swearing-in ceremony on September 5, Workplace Relations minister Bill Shorten said in the often divided IR community...

ETU backs ALP for local jobs

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The Electrical Trades Union (ETU) has welcomed a Labor pledge to reduce the threshold for companies to have an Australian Industry Participation (AIP) plan from $500m to $300m. The AIP would require companies to outline how they would ensure local businesses have “a fair chance” to work on major projects, such as by identifying local co...

High Court to look at implied term

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WFD: The Full Federal Court ruling on the existence of an implied term of mutual trust and confidence in Australian employment contracts is heading to the High Court ( WF18795 ) . A Commonwealth Bank of Australia (CBA) spokesperson told Workforce Daily the "bank is seeking leave to appeal the Full Court's decision to the High Court". The CBA v Bark...

Better company communication could have averted 2008 stoppage

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Federal Circuit Court judge Toni Lucev has chided construction company Mirvac for its poor handling of a late-running toolbox meeting that ultimately ended up being an unlawful work stoppage at a Western Australia worksite in 2008. Late last year, Judge Lucev found the Construction Forestry Mining Energy Union (CFMEU) federal union, its WA branch a...

WAIRC puts down employer org bid to extend membership to employees

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A full bench of the Western Australia Industrial Relations Commission (WAIRC) has dismissed an employer organisation's application to change its eligibility rules. The bench said some of the changes sought would allow the organisation to recruit employees including apprentices. The Master Painters, Decorators and Signwriters Association of WA (Unio...

FWC slams lack of business analysis in HR restructure plan

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The Fair Work Commission has ordered Roy Morgan Research to pay maximum compensation to a worker that its newly employed HR director decided to retrench within days of starting his job. Deputy President Anne Gooley criticised Roy Morgan for its lack of evidence on the operational reasons for requiring a new “learning and development” ma...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editors: Peter Schwab. Twitter: @WorkforceTR

Likely minor party Senate victories point to uncertain IR landscape

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The Federal Election 2013 result has handed government and a healthy lower house majority to the Coalition. However, a Coalition govt's ability to pass legislation is expected to be hampered with the ALP and Greens currently with a majority in the Senate. Newly-elected Senators from this election take up their seats next July, when a combination of...

ACCI head takes lead in Eden-Monaro

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Former Australian Chamber of Commerce and Industry (ACCI) head and now Liberal Party candidate Peter Hendy is leading the sitting Labor MP Mike Kelly in the “bellweather” seat of Eden-Monaro by 634 votes. At press time, Hendy had received 50.4% two party preferred vote to Kelly's 49.6%, with about 80% of the vote counted. Hendy previous...

Editorial Team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Paul Karp. Managing Editor: Helen Jones. Twitter: @WorkforceTR

FWO extracts record $344K penalty

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A Perth cleaning company and its manager have copped a record $343,860 in penalties for deliberately underpaying foreign workers, following Fair Work Ombudsman (FWO) legal action in the Federal Circuit Court (FCC). Housekeeping Pty Ltd was fined $286,550 and business manager Catherine Paino-Povey fined a further $57,310 - a total of $343,860 - ecli...

FWC okays conditional Holden deal

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The Fair Work Commission has approved variations to the GM Holden enterprise agreement after finding the voted-up pay freeze and reduced conditions still left workers “better off overall” than the modern award. The company negotiated the variation with unions to assist investment in Holden's “next generation program” in its ...

Worker's secret recordings backfire in unfair dismissal case

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The Fair Work Commission has allowed an employee's secret recording as evidence in his unfair dismissal case after finding it was acceptable under Queensland laws. However, the cmn ultimately used the recording against the employee to find he was not a credible witness and his dismissal was not harsh. Senior Deputy President Peter Richards ruled me...

Port Botany management roles outside MUA agreement

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Fair Work Commission Deputy President Peter Sams has given short-shrift to Maritime Union of Australia (MUA) arguments Patrick Stevedores Holdings Pty Ltd (Patrick) should have first advertised internally for its five new manager positions at Port Botany, as per its 2012 Enterprise Agreement. DP Sams noted this was “a discrete dispute” ...

Pilots' union in Safe hands after ‘tumultuous' five years

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The Australian and International Pilots Association has elected Qantas pilot Nathan Safe as its president after Barry Jackson stood down after a record five years in the role. Safe said he would focus on preventing pilot outsourcing and maintaining the profession's high standards, which he said had “come under threat lately from a variety of ...

Seeking legal advice protected from adverse action: court rules

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The Federal Court has adopted a broad interpretation of “complaints or inquiries” under general protections law and ruled seeking legal advice related to employment is a workplace right. Judge Chris Jessup held that unlike previous legislative iterations of the provision, “complaint or inquiry related to employment” under th...

Egyptian crew win battle over pay and ‘no food', but concerns remain

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The Maritime Union of Australia (MUA) says it will work with the International Transport Workers Federation (ITWF) to monitor the welfare of seven Egyptian seafarers who flew home last night (September 11) after winning a ‘pay and conditions' battle with state-owned Egyptian coal carrier Wadi Alkarm. MUA southern NSW branch secretary Gary Kea...

FWC upholds sacking of disability worker over abusive language

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The Fair Work Commission has tossed out an unfair dismissal claim by a disability services worker sacked for using sexually-suggestive and abusive language to disabled employees and clients. Employer Yooralla Society alleged Kevin Morrison called one supported employee a “fat lazy f…” and told him to “get off your lazy arse&...
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