Australia's seasonally adjusted unemployment rate increased 0.1 percentage points to 5.8 per cent in August, the latest Australian Bureau of Statistics (ABS) figures reveal. The number of people employed decreased by 10,800 to 11,637,100 in August, with part-time employment down 8,200 to 3,508,300 and full-time employment down 2,600 people to 8,128...
Small increase in unemployment
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‘Rude' but not ‘wilful' casino worker wins job back
The Fair Work Commission has reinstated a ‘The Star' casino supervisor despite finding his rude and aggressive reaction to a player was a “not insignificant” breach of the code of conduct and a valid reason for dismissal. Vice President Adam Hatcher said the dismissal was harsh due to the employee's long service and several mitiga...
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Editorial Team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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FCC rejects adverse action claim from worker who took Indo ‘holiday'
A Northern Territory shire council has seen off an adverse action claim by an employee who took three months' off work to travel to Indonesia with his wife before claiming he had been sacked for taking sick leave during his extended absence. Tiwi Islands Shire Council summarily dismissed farm manager Adrian Sibert on March 9, 2012 over the way he h...
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Port Botany management roles outside MUA agreement
WFD: 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 internally advertised five manager positions at Port Botany, as per its 2012 enterprise agreement (EA). DP Sams noted that was "a discrete dispute" related to Pat...
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ACCI head takes Eden-Monaro
WFD: On Monday (Sept 9), former Australian Chamber of Commerce and Industry (ACCI) head and now Liberal Party candidate Peter Hendy was leading the sitting Labor MP Mike Kelly in the "bellwether" seat of Eden-Monaro. Hendy had received 50.4% two party preferred vote to Kelly's 49.6%, with about 80% of the vote counted. Hendy previously worked as ch...
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Likely minor party Senate victories point to uncertain IR landscape
WFD: 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 combinati...
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FWO extracts record $344K penalty
WFD: 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 -...
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Seeking legal advice protected from adverse action: court rules
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 the Fair Work Act's s341(1...
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Better company communication could have averted 2008 stoppage
WFD: 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 bra...
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Worker's secret recording backfires in unfair dismissal case
WFD: 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 rul...
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FWC okays conditional Holden deal
WFD: 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 South Australian op...
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WAIRC puts down employer org bid to extend membership to employees
WFD: A Western Australia Industrial Relations Commission (WAIRC) full bench 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...
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FWC slams lack of business analysis in HR restructure plan
WFD: The Fair Work Commission has ordered Roy Morgan Research Ltd 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" manag...
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Pilots' union in Safe hands after 'tumultuous' five years
WFD: The Australian and International Pilots Association (AIPA) 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 varie...
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Egyptian crew win battle over pay and 'no food', but concerns remain
WFD: 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 Wednesday night (September 11) after winning a 'pay and conditions' battle with state-owned Egyptian coal carrier Wadi Alkarm. MUA southern NSW branch secretary Gary...
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'Rude' but not 'wilful' casino worker wins job back
WFD: The Fair Work Commission has reinstated a 'The Star' Pty Ltd casino supervisor despite finding his rude and aggressive reaction to a player was a "not insignificant" breach of the code of conduct and a valid reason for dismissal. Vice President Adam Hatcher said the dismissal was harsh due to the employee's long service and several mitigating ...
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FWC upholds sacking of disability worker over abusive language
WFD: 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". Morrison al...
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Small increase in unemployment
WFD: Australia's seasonally adjusted unemployment rate increased 0.1 percentage points to 5.8 per cent in August, the latest Australian Bureau of Statistics (ABS) figures reveal. The number of people employed decreased by 10,800 to 11,637,100 in August, with part-time employment down 8,200 to 3,508,300 and full-time employment down 2,600 people to ...
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FWC conference on part-day public holidays
The Fair Work Commission has announced it will consider adopting its 2012 “part-day public holiday” schedules for December 2013 to avoid uncertainties about their operation in modern awards. The entitlement - present under South Australian law - provides a part-day public holiday on Christmas Eve and New Year's Eve so workers will be pa...
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