The Federal Circuit Court has ruled an employee was not exercising a workplace right when he refused a management direction to take part in illegal activity and so was not protected from adverse action following on from his refusal. Judge Michael Jarrett found an employee was entitled to refuse such directions under common law but as such law was n...
FW Act does not protect refusal of illegal management direction, judge
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Billson moves fast to dismantle ATO independent contractor hurdles
The Coalition government's small business minister Bruce Billson has confirmed he has instructed senior Treasury officials to "stick to the letter of the law" when determining whether an individual is an independent contractor or an employee. A spokesperson for the minister told Workforce Daily the minister wants the Australian Tax Office, the Fair...
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Sexually explicit texts in private & willing context negates power r/ship
Personal and sexual relations between work colleagues of different status are “commonplace, are not unlawful and are not necessarily improper”, the Federal Court has said in ruling that so-called lewd text messages between a managing director and a senior executive were inadmissible in a high-profile adverse action case. Justice Julie D...
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Nurses union goes global
A global day of action by nurses last Tuesday (September 17) was the first of its kind after the creation earlier this year of nurse union organisation Global Nurses United (GNU), the NSW Nurses and Midwives Association (NSWNMA) has said. NSWNMA assistant general secretary Judith Kiejda told a Unions NSW delegates meeting on September 12 GNU was a ...
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NTEU and Deakin strike 9% deal
The National Tertiary Education Union (NTEU) and Deakin University have agreed on a new enterprise agreement giving staff a 9% pay increase over three years. The uni will pay staff a $1,200 initial increase across all salary bands (pro rata for non full-time staff). The EA also”' includes a revised academic workloads model, introduces domesti...
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PC warns productivity growth needs to substantially out-perform trend
The new Productivity Commission chairman has warned productivity will have to exceed long-term averages for a sustained period if real incomes are to continue rising. Speaking on September 18 to the Trans-Tasman Business Circle Productivity Series, Peter Harris said even if Australia productivity growth rose back to long-term trend it would not sup...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Paul Karp. Managing Editor : Peter Schwab. Twitter: @WorkforceTR
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24-hour strike at Uni of Melbourne
National Tertiary Education Union (NTEU) members at the University of Melbourne will go on strike for 24 hours starting at noon tomorrow (September 25) following the breakdown of enterprise bargaining. NTEU Victoria branch president Ted Clark claimed management had adopted an "aggressive approach" in negotiations. The parties have been at loggerhea...
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MUA report rubbishes AMMA research on wage hikes in oil & gas
The Maritime Union of Australia (MUA) has released a BIS Shrapnel report debunking industry group claims that increased labour costs in the offshore oil and gas industry had significantly impacted its international competiveness. An Australian Mines & Metals Association (AMMA) commissioned Deloitte Access Economics report released before the fe...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com. Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Public servants could have just weeks on old pay
Public servants transferring departments could enjoy just a few weeks on their old pay and conditions, with minister assisting the PM on the public service Senator Eric Abetz announcing transitional arrangements guaranteeing conditions only on an interim basis. Abetz has made two determinations under s24(3) of the Public Service Act providing trans...
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No stay order to revive EA which excluded 200 workers
The mere potential for industrial action was not a sufficient detriment to an employer for the Federal Court to grant it a stay order against a Fair Work Commission (FWC) decision striking down an enterprise agreement (EA) for unfairly excluding 200 workers. Construction company MI&E Holdings Pty Ltd made an EA with just four workers at its Bib...
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Job adverts need to be clear on employee or independent contractor
In a timely lesson to employers to be clear in job advertisements whether they seek independent contractors or employees, the Fair Work Commission has ruled in favour of an unfair dismissal applicant who the employer argued was a contractor and therefore out of FWC jurisdiction. Milk and fresh fruit deliveryman Paul Kent claimed he was unfairly dis...
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FCC fines company and director $163k for underpaying migrants
In a lesson to employers not to exploit vulnerable employees such as migrants with "language constraints", the Federal Circuit Court has fined mailing house Palcoy Pty Ltd and one of its directors, John Watts, a total of $163,000. In agreed facts, the company breached workplaces laws between March 27, 2006 to about November 2009 by underpaying 21 e...
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Unpaid wage increases count towards high income threshold
In a significant decision on the high income threshold for unfair dismissal claims, the Fair Work Commission has ruled unpaid agreed annual pay increases can be included in calculating an employee's annual income at the time of termination. Commissioner Paula Spencer made the ruling in a case where Priority Building Pty Ltd dismissed senior manager...
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Top business and IR heads on the move
The rumour mill is in overdrive with the resignation of three business and industrial relations heads in the first weeks of the new Liberal government, with a "global" role for one among the speculation. At the Australian Chamber of Commerce and Industry (ACCI), both chief executive officer Peter Anderson and chief economist Greg Evans have announc...
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Praise for Anderson
Australian Industry Group chief executive Innes Willox said departing Australian Chamber of Commerce and Industry (ACCI) chief executive Peter Anderson (above) would be remembered as a "warrior" for small business. "Peter has given a great deal to Australian business over many years and I have enjoyed working with him on many big issues. He has bee...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Labour no worse off despite declining income share in 2000s
The Productivity Commission has released a paper saying while labour's share of income fell by four or more percentage points in the 2000s, labour was “no worse off in the process”. The paper, Labour's Share of the Growth in Income and Prosperity by economist Dean Parham, said labour income grew at a faster rate in the 2000s than in the...
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FWC orders Toyota to reinstate worker embroiled in tribal spat
The Fair Work Commission has ordered Toyota to reinstate a veteran worker sacked for running a red light. Commissioner Julius Roe heard Abdella Osman, 55, had worked as a panel beater on the afternoon shift at Toyota's Altona plant in Victoria for 25 years. In March 26, 2013, Osman turned right from Toyota Way into the plant's car park. Toyota clai...
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