The Federal Circuit Court has taken a dim view of a managing director short-changing his ‘vulnerable' cousin's wages and entitlements over six years. It fined the employer $128,700 even though it had paid the employee what it owed him. In proceedings brought by the Fair Work Ombudsman, Asian food importer Lay Brothers (Wholesale) Pty Ltd agre...
Employer slugged $128k for underpaying vulnerable cousin
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Lorraine Walker appointed ACT Industrial Court Magistrate
ACT chief magistrate Lorraine Walker has been appointed the ACT's industrial court magistrate following the establishment of the territory's first Industrial Court in August. The court has been set up to hear and decide work and safety matters and workers' compensation claims up to $250,000. Its establishment was one of the core recommendations of ...
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FWC arbitrates despite no power to determine gen protections claim
Fair Work Commission (FWC) Deputy President Jeff Lawrence has found it necessary to identify parties in an alleged sham contracting relationship that are part of a general protections s365 claim. The decision navigates around the recent full bench ruling that the FWC should not engage “in any sort of determinative process in dealing with a s3...
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HSU national cops 22k fine, settles FW Cmn case
The Health Services Union (HSU) national office has agreed to pay a $22,500 fine over its failure to follow financial reporting requirements during 2006-07 when Craig Thomson was secretary. The settlement represents the first concluded litigation of its nature and is the first case relating to the Fair Work Commission's HSU investigations to impose...
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Adverse action role reversal as BHP wins overtime workplace right case
In a role reversal as far as Fair Work Act adverse action cases go, the Federal Court has ruled an employer has a workplace right to demand performance of unrostered reasonable overtime as per an enterprise agreement (EA). Justice Berna Collier made that ruling in a claim brought by BHP Coal Pty Ltd against the Construction Forestry Mining Energy U...
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Unions left dazed and confused with Qantas plan to axe 1,000 jobs
Unions have slammed Qantas's decision to axe 1,000 jobs in the next 12 months. Qantas CEO Alan Joyce revealed the jobs cull in a market update earlier today. The job losses will include the lay-offs related to the closure of the Qantas heavy maintenance hangar in Avalon, Victoria ( WF18925 ) . Joyce said Qantas expected to lose between $250m and $3...
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Fair Work Act protects discriminatory results ban
A Fair Work Commission full bench has ruled there is nothing in the Fair Work Act that prohibits discriminatory industrial action and a protected action ballot does not need to specify it as such. The bench - Vice President Joe Catanzariti, Deputy President John Kovacic and Commissioner Julius Roe - made the ruling when quashing Commissioner Nick W...
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FWC intervenes in ‘knock-off' time dispute at NT's largest project
Building unions have failed to block the Fair Work Commission intervening in a dispute over knock off times at the Northern Territory's largest ever construction project, the Ichthys liquified natural gas plant and associated facilities. The Construction Forestry Mining Energy Union (CFMEU), Australian Workers Union (AWU) and the Communications Ele...
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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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FWC arbitrates despite no power to determine gen protections claim
WFD: Fair Work Commission (FWC) Deputy President Jeff Lawrence has found it necessary to identify parties in an alleged sham contracting relationship that are part of a general protections s365 claim. The decision navigates around the recent full bench ruling that the FWC should not engage “in any sort of determinative process in dealing with...
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New inquiry into ABCC & ROC Bills
WFD: Labor and The Greens have reached agreement to conduct a new and expanded Senate inquiry into the Australian Building and Construction Commission (ABCC) Bill and the Registered Organisations Bill, with a deadline extended until the last parliamentary sitting day in March 2014. The Education and Employment Legislation Committee tabled its inqui...
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Senate report into ABCC Bill dismisses employer concerns
WFD: The majority Coalition Senate inquiry into the Bill to resurrect the Australian Building and Construction Commission (ABCC) has dismissed employer concerns about the ambiguous scope of the Bill's coverage and rejected a bid to include provisions to crack down on union funds ( WF18955 ) . Tabling its report on Monday (December 2), the Senate Ed...
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Coalition senators back ROC Bill with minor tweaks
WFD: The Coalition Government has reacted angrily to Labor senators' rejection of its Fair Work (Registered Organisations) Amendment Bill 2013 . The Senate Education and Employment Legislation Committee released its report on the Bill yesterday. Lib/Nats say low-paid could benefit most Not unexpectedly, Liberal and National Party senators backed th...
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Employer slugged $128k for underpaying vulnerable cousin
WFD: The Federal Circuit Court has taken a dim view of a managing director short-changing his 'vulnerable' cousin's wages and entitlements over six years. It fined the employer $128,700 even though it had paid the employee what it owed him. In proceedings brought by the Fair Work Ombudsman, Asian food importer Lay Brothers (Wholesale) Pty Ltd agree...
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Full Court rejects bid to expand appeal rights under Fair Work Act
WFD: A Federal Full Court has rejected an employer bid to expand the definition of "decision" under the Fair Work Act to include an industrial magistrate's 'reasons for judgment' where they included "his conclusions on the substantive issues in dispute and his reasons for reaching those conclusions". Justice Anna Katzmann - Justices Andrew Greenwoo...
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Adverse action applicant must show vacancy for refusal-to-employ claim
WFD: An injured truck driver has failed in his second bid to claim adverse action against Australia Post, this time for allegedly refusing him employment because of his previous legal action against the company. Federal Circuit Court Judge Sylvia Emmett rejected the driver's claim because she found he had failed to show there was an available posit...
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Govt reviewing alternatives to new FWC default super system
WFD: The Federal Government has proposed to further reduce union and employer representation on superannuation boards and raised alternatives to the new Fair Work Commission process to select default funds for awards, including by employer discretion. Last week, assistant treasurer Senator Arthur Sinodinos released a discussion paper for better reg...
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Consultation and co-operation see port project $300m under budget
WFD: Some 5.4 million hours worked over 2,939 days, no time lost to industrial disputes, and a $1.6bn project coming in six months ahead of schedule and $300m under budget - the NSW Industrial Relations Commission has listed the achievements at the completion of Port Waratah Coal Services's (PWCS) coal loader expansion in Newcastle. Deputy Presiden...
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FWC intervenes in 'knock-off' time dispute at NT's largest project
WFD: Building unions have failed to block the Fair Work Commission intervening in a dispute over knock off times at the Northern Territory's largest ever construction project, the Ichthys liquefied natural gas plant and associated facilities. The Construction Forestry Mining Energy Union (CFMEU), Australian Workers Union (AWU) and the Communication...
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HSU national cops 22k fine, settles FW Cmn case
WFD: The Health Services Union (HSU) national office has agreed to pay a $22,500 fine over its failure to follow financial reporting requirements during 2006-07 when Craig Thomson was secretary. The settlement represents the first concluded litigation of its nature and is the first case relating to the Fair Work Commission's HSU investigations to i...
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