Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021718935. Twitter: @WorkforceTR
Editorial team
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ABCC Bill expands coverage and cracks down on picketing
WFD: The Federal Government's Bill re-establishing the Australian Building and Construction Commission (ABCC) ramps up the agency's powers, including by clamping down on unlawful picket lines and expanding its coverage into the transport, supply and resources sectors. The govt yesterday (November 14) introduced the Building and Construction Industr...
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Holden workers reject upgraded offer, walk off the job again
Holden workers in Melbourne walked off the job for the second time in a week earlier today after rejecting an upgraded redundancy package for 30 employees who were retrenched on Friday. The Fair Work Commission last Thursday issued stop industrial action orders against Australian Manufacturing Workers Union (AMWU) shop stewards ( WF18935 ). AMWU ve...
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Doc's reinstatement saga over
The Fair Work Commission has brought to an end the long-running case of sacked Geelong Hospital anaesthetist Dr Mark Colson by awarding him $59,000 in compensation in lieu of reinstatement. In February 2013, Cmr Roe found while Geelong Hospital had a valid reason for Colson's termination, it should have disciplined him and not sacked him ( WF18561 ...
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No IFA joy for IT worker dubbed a victim of his own success
The Fair Work Commission has dismissed an individual flexibility agreement (IFA) dispute application brought by a senior IT worker whose employer rejected his IFA overtures for a four-day week on the basis he was indispensible and would cost too much too replace. Gary Lewis, represented by the Australian Manufacturing Workers Union (AMWU), wanted t...
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Gym worker who spent too much time on Facebook unfairly sacked
In a lesson to small business employers to document verbal warnings, the Fair Work Commission has found a cafe worker dismissed for poor work performance including spending too much time on Facebook was unfairly dismissed. The cmn ruled in favour of the employee after hearing conflicting evidence about whether she had been given formal warnings. Wo...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Holden strikes deal with unions
Unions and Holden have reached an in-principle agreement over redundancy packages for 30 workers forcibly retrenched last Friday (November 15). The deal, agreed shortly before presstime, brings to an end a strike over the dispute at the company's Port Melbourne's engine assembly facility ( WF18941 ). Australian Manufacturing Workers Union (AMWU) ve...
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FWC blasts Uniting Care over Kokoda trek drug ‘dealing' sacking
The Fair Work Commission has awarded a drug & alcohol case manager $60,000 compensation and has slammed Uniting Care Ballarat (UC) for sacking her following a bungled investigation into claims she offered drugs to recovering addicts on a trip to the Kokoda trek in Papua New Guinea. UC sacked drug & alcohol case manager Debra Killeen after a...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Qld ethics committee recommends Driscoll's expulsion
The Queensland parliamentary ethics committee has recommended former employer group head and now state MP Scott Driscoll be expelled from parliament and fined $90,000 after it found he had secretly continued to manage the industrial organisation after becoming an MP. The ethics committee also found Driscoll had failed to declare more than half a mi...
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IEU must produce member's confidential documents
The Fair Work Commission has ordered the Independent Education Union (IEU) to produce confidential “without” prejudice settlement documents relating to a union member after the cmn considered it would be relevant to the member's unfair dismissal case. Knox Grammar School had sought the IEU documents to corroborate its argument that ex-e...
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FWC lays out bullying regime; seeks to ward off settlement money
The Fair Work Commission (FWC) has unveiled details about how it will manage cases under the new bullying laws from January 1, 2014, including that it will discourage “go-away” money. In a statement accompanying the release of the FWC's draft case management model and draft benchbook for the new laws, FWC President Justice Iain Ross con...
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Federal Court set to look at medical practice ‘services contract' in 2014
The Federal Court is poised to take a closer look at working arrangements for medical practitioners providing services under licence for larger specialist medical companies to see whether they are services contracts under the Independent Contractors Act (IC Act). The case involves a claim brought by Perth dentist Dr Peter Kerrisk over a Facilities ...
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Worker paid out until end of contract can claim unfair dismissal
Fair Work Commission Senior Deputy President Peter Richards has ruled a fixed-term contract worker who was paid out the remaining weeks of her contract in lieu of working has a right to claim unfair dismissal. The SDP also suggested it may not be correct to follow the Fair Work Act's (FW Act) explanatory memorandum's ( EM ) definition of fixed-term...
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Lying to FWC under oath does not give rise to private action: FCC
In a unique and curious case, the Federal Circuit Court (FCC) has ruled giving false or misleading evidence to the Fair Work Commission (FWC) does not give rise to a private cause of action. Judge Toni Lucev said Parliament did not intend the statutory criminal offence provision in s678 (1) of the Fair Work Act to create a private right of action. ...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Axe hovers over Road Safety Remuneration Tribunal
The Coalition Government has announced a review into whether it's worth keeping theRoad Safety Remuneration Tribunal (RSRT). Employment minister Senator Eric Abetz said the review would assess the operation of the Road Safety Remuneration Act 2012 and the RSRT, “and advise Government on whether this system represents an effective means of add...
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Holiday flights could be disrupted by Tigerair pilots strike
Tigerair Australia flights could be disrupted over the Christmas holiday period, following a decision by the Fair Work Commission to approve a protected action ballot of the airline's 120 pilots. The pilots are seeking a $190,000-a-year base pay rate and improved rostering arrangements under a proposed new enterprise agreement. Commissioner Leigh J...
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FWC says Dept of Defence porn sacking valid but procedurally unfair
The Fair Work Commission has ruled the Department of Defence (DoD) had valid reasons to sack a senior employee for sending pornographic emails and storing a PowerPoint presentation of a naked woman fishing on his work computer. However, the cmn deemed the termination unfair due to flawed procedure from a delayed investigation. The case, involving a...
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