WFD: A Labor-Greens Senate majority this week voted up a motion renewing the availability of the Labor Government's aged-care workforce supplement despite the Coalition Government putting a stop to them. However, the Govt has said it "will ensure its policy is given effect"and voted up its motion on the policy again in the lower house yesterday (De...
Labor seeks to ensure aged-care worker pay rises
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Coalition's IR aim should be to help small business: Henderson
Ex-Federal Government industrial relations department economist and current Sydney Institute executive director Gerard Henderson has argued the way forward for the Coalition in industrial relations reform is to target the “soft end of union power” - small to medium businesses. In a monograph commissioned by the Minerals Council, Henders...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalists: Steve Andrew, Paul Karp. Managing Editor: Peter Schwab. Product code: 314021718975. Twitter: @WorkforceTR
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Young blood rises in Freehills
Herbert Smith Freehills has promoted three young up-and-coming employment lawyers to partner in their workplace relations unit. Sydney lawyers Michael Gonski, 29, Sonia Millen, 34 and Drew Pearson, 31, were made partner last week. Gonski is a general employment lawyer, specialising in senior executive issues, employment issues in mergers & acqu...
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Royal Cmn confirmed for 2014
The Government is set to announce a Royal Commission into unions in the coming months, the government has confirmed. A spokesperson for employment minister Senator Eric Abetz told Workforce Daily Abetz and Attorney-General George Brandis were working on the terms of reference for the Royal Cmn, set to be announced early next year. It would look at ...
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Police complaint over alleged FWC bugging
Victorian Police is investigating the alleged bugging of the Fair Work Commission during an unfair dismissal conciliation conference. Qube Ports made a complaint to police after a black listening device was discovered in a conciliation room on October 25 when Qube was meeting with its lawyers Herbert Smith Freehills and Deputy President Val Gostenc...
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High Court grants leave to appeal mutual trust and confidence term
The High Court has granted special leave to appeal a decision on the implied term of mutual trust and confidence in Australian employment contracts. In August, the Full Federal Court's CBA v Barker decision was the first Australian appellate court determination on the implied term ( WF18795 ) . It has opened up employers to potentially hundreds of ...
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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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Twist in Jetstar sacking case with bench to probe criminal allegations
A Fair Work Commission full bench has found post-dismissal medical opinion was irrelevant in determining whether Jetstar had a valid reason for sacking a flight attendant who suffered psychological injuries after finding a bomb-like device on a flight to Darwin two years ago. The bench - Vice President Michael Hatcher, Senior Deputy President Lea D...
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ALP Griffith pick Terri Butler says MB IR lawyers won't miss a beat
Industrial relations lawyer Terri Butler has won ALP pre-selection for Kevin Rudd's old seat of Griffith. Butler told Workforce Daily she was “honoured” to get the nod. “Brisbane Southsiders deserve a representative who will speak out about the issues that affect them,” she said. Butler said the Brisbane employment practice ...
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FWC full bench says it cannot determine joint employment
A Fair Work Commission full bench has played down notions of joint employment in Australian law as part of an appeal ruling that found the cmn has no role in developing matters of common law. The full bench - Vice Presidents Adam Hatcher and Joe Catanzariti and Commissioner Bernie Riordan - held Deputy President Peter Sams was “clearly”...
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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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Mining construction off cliff - 75,000 jobs to go
Jobs in resource project construction are set for a huge decline, with economic modelling revealing a decrease of 75,616 jobs between 2014 and 2018. The Australian Workforce and Productivity Agency (AWPA) released its Resources sector skills needs 2013 report on Monday (December 16), which reveals a big shift in employment from construction and lab...
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Full bench upholds dilute urine sample sacking
A scaffolder who failed to meet a drug test deadline because his sample was too diluted has failed in his appeal against dismissal because a Fair Work Commission full bench found it was reasonable to conclude he had risked missing the deadline by taking the test so late. Scaffolder Lewis Pitts failed a random drug test on January 29, 2013 and was s...
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Inquiry powers part of FWC discretion: SDP
The Fair Work Commission (FWC) has rejected argument it can only initiate an inquiry into misuse of right-of-entry rights when it has conclusive evidence of breaches, finding it is within its discretion to conduct inquiries based on its own concerns. Senior Deputy President Matthew O'Callaghan was responding to Construction Forestry Mining Energy U...
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Full bench to look at FWC discretion to launch inquiries
The Construction Forestry Mining Energy Union (CFMEU) has confirmed it will appeal a decision where Fair Work Commission Senior Deputy President Matthew O'Callaghan found the cmn had discretion to initiate its own inquiries into possible misuse of right of entry permits ( WF18982 ). CFMEU SA secretary Aaron Cartledge told Workforce Daily the SDP ha...
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Unions defeat NSW donation ban in High Court
The High Court has unanimously held the NSW electoral law banning all union and corporate donations is unconstitutional because it impermissibly burdens the implied freedom of political communication in the Commonwealth constitution. After a challenge by Unions NSW and five unions ( WF18925 ) , the High Court has struck down two provisions of the E...
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Federal Court judge slams Joe McDonald for cavalier attitude
The Federal Court has fined Construction Forestry Mining Energy Union Western Australia (construction and general) assistant secretary Joe McDonald $40,000 for contempt of court. Justice John Gilmour blasted McDonald for a “cavalier attitude” to court orders because of previous cases where he copped massive fines for breaching court ord...
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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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Full Court majority overturns ‘scab' decision
In a decision that will likely head off to the High Court, a Full Federal Court majority has overturned a decision that BHP Coal took adverse action against a worker for holding up a ‘scab' sign. It emphasised while industrial activity may be closely related to a dismissal decision it may not be the cause of that decision. The Full Court foll...
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