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Full bench majority finds cmr erred in discretion over harshness

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A Fair Work Commission full bench has split over the appeal of an unfair dismissal decision with a majority finding the original commissioner failed to sufficiently consider the harshness of the dismissal. The case concerned Ambulance Victoria (AV) paramedic Kelvin Walsh who was fired for serious misconduct when he waited 35 minutes before departin...

Rudd intervention leads FWO to expose MUA closed shop campaign

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The Federal Court has handed down a damning decision against the Maritime Union of Australia (MUA) for running a “closed shop” campaign to stop marine labour hire firm Offshore Marine Services Pty Ltd (OMS) from employing non-union members from 2007 to 2010. The adverse action matter found its way to the Federal Court after a couple who...

Workers fined $1m plus for illegal WA strike

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The Federal Court has directly fined 117 workers a total of more than $1m for taking illegal industrial action five years ago. The court ordered those workers, who had not subsequently taken illegal industrial action, to pay half the fines and suspended payment of the rest for three years unless the workers breached industrial laws in that time. Th...

HSU Vic No 1 under investigation post-administration

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The Fair Work Commission (FWC) has announced it has begun a formal investigation into the HSU Victorian No 1 branch following allegations of rule breaches. FWC said it first received correspondence alleging potential rule breaches involving the branch in July. A more formal statement was received earlier this month further detailing the allegations...

Workplace Relations title dumped, Abetz new employment minister

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WFD: Prime Minister Tony Abbott has dumped the title workplace relations and gone with just employment minister in the federal Coalition government's first Cabinet revealed on Monday (September 16). Senator Eric Abetz has been named employment minister and minister assisting the PM on the public service. A Coalition spokesperson told Workforce Dail...

Full bench majority finds cmr erred in discretion over harshness

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WFD: A Fair Work Commission full bench has split over the appeal of an unfair dismissal decision with a majority finding the original commissioner failed to sufficiently consider the harshness of the dismissal. The case concerned Ambulance Victoria (AV) paramedic Kelvin Walsh who was fired for serious misconduct when he waited 35 minutes before dep...

FWC's conflicting takes on cashing out annual leave a concern: AiG

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WFD: The Australian Industry Group says it is concerned about conflicting Fair Work Commission decisions on 'cashing out' annual leave clauses in enterprise agreements (EA). The Ai Group's concern follows yet another FWC commissioner, Cmr Gregory Bull, siding with the cmn's full bench Warren v Hull-Moody decision in preference to the Federal Court'...

Renee Leon new dept secretary covering workplace relations

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WFD: Prime Minister Tony Abbott has replaced Lisa Paul as departmental secretary for the Department of Employment. Paul, dept secretary of the previous Labor government's Dept of Education, Employment and Workplace Relations since 2007, has been shifted to education dept secretary. Her successor in the new employment portfolio - which includes work...

AWU demands Avalon stays

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WFD: The Australian Workers Union (AWU) has been in talks with Qantas on pressday, presenting its case for the continued operation of Qantas' heavy maintenance operation at Avalon, Victoria. However, the union's Victorian secretary Ben Davis conceded to Workforce Daily the future of 300 maintenance jobs at Avalon "looks bleak" following the company...

Woolies upbeat despite strike threat

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Woolworths has played down threatened strike action at four of the company's distribution centres. In a one-line response to Workforce Daily on September 19, a Woolies spokesperson said discussions with the National Union of Workers (NUW) over the contents of a new enterprise agreement (EA) were "progressing constructively". This was despite 96% of...

Scrap s457 visa restrictions: BCA

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WFD: The Business Council of Australia (BCA) has called for the Federal Government to scrap Labor government restrictions on s457 visas and remove enterprise agreement bars on casual labour. In its post-election submission to the Productivity Commission's inquiry into labour mobility, the BCA said EA restrictions on casual and labour hire limited e...

Significant FWC ruling turns taxi driver/owner relationship on head

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WFD: In a significant decision asking the question 'can a taxi driver be an employee?', the Fair Work Commission has departed from the influential De Luxe Red & Yellow Cabs decision to find a cab driver is an employee and not a bailee. Commissioner John Ryan's decision, which could have a significant impact on more than 60,000 taxi drivers nati...

Freehills hopes Coalition removes reverse onus in adverse action laws

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WFD: Employer law firm Herbert Smith Freehills (HSF) has praised the Coalition government's suggestions it will remove the reverse onus of proof in adverse action laws, saying it would benefit employers in settlement negotiations. However, while HSF senior associate Michael Gonski suggested the change could alter the outcome of some adverse action ...

Lost pay does not include unpaid entitlements; FWC urges caution

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WFD: The Fair Work Commission (FWC) has held orders for lost remuneration in unfair dismissal cases should refer to what an employee would have earned had he not been fired, not what he was entitled to earn. Commissioner Bruce Williams considered the matter in the case of home building sales employee and consultant Expedit (Stan) Carvalho who had b...

Requiring medical evidence to avoid liability 'not unlawful adverse action'

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WFD: The Federal Circuit Court has accepted an employer's requirement for evidence of fitness to work to avoid workers' compensation liability is not adverse action for a prohibited reason. Majida Ali had been a part-time teacher at Australian International Academy of Education Inc from 2006. In 2011, the school agreed to let her take 12 months' le...

Together Union loses plea for interim pay increase

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WFD: A Queensland Industrial Relations Commission full bench has rejected public sector union calls for it to arbitrate a claim for an interim wage increase despite a decision finding it had jurisdiction to do so. Together Union was seeking a 2.35% wage increase for all public sector employees backdated to January 2013. The employees have not recei...

High fines for action against OHS rep due to risk to other workers

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WFD: The Federal Court has ordered Visy Packaging Pty Ltd to pay almost $50,000 following its scathing decision that the company took adverse action against an occupational health and safety (OHS) representative for raising and maintaining legitimate safety concerns. The court's decision in May was the first to find OHS duties or rights under the V...

Pre-paid annual leave: Hull-Moody takes precedence over Jeld-Wen

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WFD: Another fair work commissioner has sided with the cmn's full bench Warren v Hull-Moody decision in preference to the Federal Court's Jeld-Wen single judge decision ( WF18095 ) on the contentious issue of annual and sick leave-loaded hourly rates in enterprise agreements (EAs). The issue has divided the tribunal, with Cmr John Ryan earlier this...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew, Paul Karp. Managing Editor: Peter Schwab. Product code: 314021718855. Twitter: @WorkforceTR.

Diary

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The Centre for Employment and Labour Relations Law Labour Law Seminar: September 24, 1pm - 2pm, Room 920, Level 9, Melbourne Law School, 185 Pelham Street, Carlton. Associate Professor Sara Charlesworth, from the University of South Australia, will speak on the topic 'Partial Protection? The Regulation of Home Care Workers' Working Conditions in Au...
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