Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
Editorial team
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AMMA lays out vision for appeals body
The Australia Mines and Metals Association (AMMA) will launch a strident attack on the Fair Work Commission today, accusing Labor's appointments of making it top-heavy and union-dominated which had affected employer confidence in tribunal outcomes. He urged the fast-tracking of an independent appeals tribunal. In a speech to be delivered to the AMM...
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Senate estimates showdown over appeal body
Labor has argued employment minister Senator Eric Abetz's concerns the Fair Work Commission (FWC) is making “inconsistent” decisions was confusing decisions it disagreed with and those that conflicted with others. In the senate estimates hearing this morning, Abetz also told the workplace relations committee that he had talked to FWC ab...
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FWC says Dept of Defence porn sacking valid but procedurally unfair
WFD: 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, involv...
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FWC blasts Uniting Care over Kokoda trek drug 'dealing' sacking
WFD: 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 af...
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Worker paid out until end of contract can claim unfair dismissal
WFD: 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...
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IEU must produce member's confidential documents
WFD: 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-employee...
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No IFA joy for IT worker dubbed a victim of his own success
WFD: 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), wan...
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Holden strikes deal with unions
WFD: Unions and Holden have reached an in-principle agreement over redundancy packages for 30 workers forcibly retrenched last Friday (November 15). Workers voted up the deal on Wednesday (November 20), the parties confirmed on pressday. The deal brings to an end a strike over the dispute at the company's Port Melbourne engine assembly facility ( W...
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FWC overrules ‘discriminatory' industrial action decision
A Fair Work Commission full bench has upheld the National Tertiary Education Union's (NTEU) appeal against a decision that found its partial results ban for offshore students was discriminatory and thus unprotected because it was not notified as such on protected action ballots (WF18931) . The bench - Vice President Joe Catanzariti, Deputy Presiden...
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FWC maintains rigid approach: no add-ons to notice of rep rights
In a lesson to employers to stick to the letter of the Fair Work Act when it comes to issuing notices of representational rights, the Fair Work Commission has refused to approve an enterprise agreement after the employer attached additional material to the notice. Commissioner Tim Lee applied Deputy President Anne Gooley's approach in Shape Shopfit...
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Vic Govt agrees to suspend performance targets
The Australian Education Union (AEU) Victoria has reached a settlement with the State Government that its new performance guidelines will not be implemented for the 2013/2014 period. The govt announced new performance targets last month, along with a “guiding range” that presumed only 60% to 80% of teachers and support staff and 65% to ...
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Senate estimates showdown over appeal body
WFD: Labor has argued employment minister Senator Eric Abetz's concern the Fair Work Commission (FWC) is making “inconsistent” decisions was confusing decisions the Coalition Government disagreed with and those that conflicted with others. In the senate estimates hearing on Thursday morning (November 21), Abetz also told the workplace r...
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Holiday flights could be disrupted by Tigerair pilots strike
WFD: 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 Le...
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Striking LNG project workers ordered back to work
Striking workers at Fluor Australia's Gladstone liquefied natural gas (LNG) project in Queensland's Surat Basin have returned to work following a Fair Work Commission order banning them from taking further action for 12 months. Senior Deputy President Peter Richards's November 18 order requires Fluor Construction Services Pty Ltd employees to take ...
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Axe hovers over Road Safety Remuneration Tribunal
WFD: The Coalition Government has announced a review into whether it's worth keeping the Road 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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Doc's reinstatement saga over
WFD: 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 ( WF1...
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Federal Court set to look at medical practice 'services contract' in 2014
WFD: 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 Facili...
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CFMEU slams s457 visa changes
The Construction Forestry Mining Energy Union (CFMEU) says changes to the s457 visa system exempting highly skilled occupations from the labour market tests to see if the jobs could be sourced locally will "particularly disadvantage" young Australian workers. Under Abbott government changes employers will only have to advertise jobs for around 30% ...
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Gym worker who spent too much time on Facebook unfairly sacked
WFD: 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 warning...
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