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Mixed response to assistance package for Holden workers

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The Federal's Government's $100m assistance package for retrenched Holden workers has attracted mixed responses, largely along political lines. South Australia Labor Premier Jay Weatherill and leading vehicle union the Australian Manufacturing Workers Union (AMWU) both slammed the package, with Weatherill labelling it "pathetic" and the AMWU "cruel...

BHP ‘considers options' over fine for sacking union delegates

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BHP Billiton Mitsubishi Alliance (BMA) is “considering its options” following a Federal Court order it pay the Construction Forestry Mining and Energy Union (CFMEU) $60,000 in penalties for sacking two Peak Downs, Qld mine workers over their union activities. The civil penalties for two separate breaches of s346 of the Fair Work Act 200...

Legal, accounting firms escape bullying laws

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A substantial section of the workforce will be unable to take action against workplace bullying under the new bullying regime, which comes into force in January, an employment lawyer has warned. Justitia partner Sarah Rey said accounting and legal firms that have not yet been converted into corporate entities, small businesses and not-for-profit or...

Major decisions

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Jan 17: Qantas workplace determination The Fair Work Commission hands down its final instalment of s266 workplace determinations in the Qantas dispute with unions. It rejected job security clauses demanded by pilots but awarded them a 4.5% wage increase (AIPA v Qantas Airways, FWCFB317 , 17/01/13) ( WF18525 ). Jan 10: DP World fighting worker The F...

NSW coal operations face disruption

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NSW coal operations could be disrupted from this weekend following confirmation by the Rail Tram and Bus Union (RTBU) of planned strike action by train drivers at Aurizon Hunter rail freight depots. RTBU national secretary Bon Nanva said Hunter train drivers sought roster improvements, a reduction in hours (from 42 to 38 hours a week) and consisten...

New Workforce Editor

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Workforce editor Rajiv Maharaj has stepped down after three and a half years in the position to pursue a new business venture. Workforce chief journalist David Marin-Guzman will take on the editor role in his stead, with Workforce NSW editor Paul Karp the new chief journalist.

IR review and legislative changes expected next week

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The Federal Government has said it will announce its broad review of the Fair Work laws and proposed amendments “shortly”, including proposed changes to individual agreements. The Coalition's pre-election policy committed to beginning the Fair Work Act review and introducing amendments within six months of the election on September 7, 2...

EA talks despite smelter closure

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WFD: A proposed Australian Workers Union (AWU) ballot of workers at the Port Henry smelter in support of enterprise agreement (EA) demands had “nothing to do” with a decision to close the smelter, an Alcoa spokesperson told Workforce (WF19032) . The AWU applied for a protected action ballot order on February 17. The Fair Work Commission...

Full Court split over extending ‘use it or lose it' PABOs

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WFD: A Full Federal Court majority has upheld the Fair Work Commission's discretion to extend a protected action ballot order (PABO) by another 30 days even after the order has expired. However, the dissenting judge has warned such a liberal interpretation threatens to disrupt negotiations and greatly increase uncertainty for employers and employee...

FWC rules work emails critical of employer is not serious misconduct

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WFD: Emails sent from a work computer criticising an employer is not a valid ground for dismissal, the Fair Work Commission has held. Commissioner Nick Wilson made that ruling in an unfair dismissal case brought by receptionist Robyn Edwards. Wastech Engineering terminated her employment on August 15, 2013 after discovering an email exchange where ...

Full bench holds dismissal over serious safety breaches was unfair

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WFD: The Fair Work Commission has strongly rejected claims of inconsistency in its decisions after upholding a ruling that a summary dismissal for serious safety breaches was harsh because of the employee's 35 years' service and the employer's delay in responding to the breaches. Australian Industry Group, on behalf of manufacturer Metecno Pty Ltd ...

Linfox media policy in spotlight over NUW delegate's TV news comments

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WFD: The rights of workers to state opinions about their employers in the media, including social media, are in the spotlight again at Linfox. The company came off second best in the widely-publicised case of Linfox v Stutsel [2012], which dealt with social media and workplace rights. That Fair Work Commission full bench decision ordering Linfox re...

Media coverage of wage underpayment not ‘adverse'

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The Federal Circuit Court has tossed out an employer's attempt to use alleged “adverse” media coverage to mitigate penalty. Mildura Battery Company Pty Ltd and its director Michael John Marquick were found to have underpaid worker Wayne Sutherland a total of $66,580 between May 2007 and May 2013. In addition to repaying the amount, the ...

Alcoa finally calls it quits, blames Aussie dollar and aluminium price

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WFD: In more wretched news for Australian manufacturing, on February 18 Alcoa has confirmed it will close its Geelong Point Henry aluminium smelter and rolling mill and a rolling mill in Western Sydney with almost 1,000 workers to be laid off. About 500 of them will come from Geelong - a once thriving industrial belt outside Melbourne still reeling...

IR needs to combat climate change

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Exclusive WFD: Workplaces are one of the largest sources of carbon emissions yet Australia has failed to harness the workplace relations system to combat climate change, a new study shows. The major research project undertaken by Macquarie University's Centre for Workplace Futures (WCF) with the support of the Department of Industry has called for ...

Telstra confirms 800 jobs axed

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WFD: As exclusively revealed in Workforce last week ( WF19025 ), on February 19 Telstra confirmed it will axe 800 jobs from its Sensis subsidiary. The Community and Public Sector Union (CPSU) initially feared 400 jobs would be shed. It approached WF to confirm the 800 figure, which had been provided to WF by well-placed sources within Sensis. The C...

Federal Govt asked SPC Ardmona to slash wages: unions

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WFD: The Australian Workers Union (AWU) and the Electrical Trades Union (ETU) have stood by claims this morning the Federal Government pressured SPC Ardmona's boss to put company workers on award rates in exchange for a $25m Federal subsidy (WF19005) . Ardmona's per-Christmas message On February 20, Fairfax Media reported three union officials had ...

Employer misled workers in union fight for representation

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WFD: The Fair Work Commission has called for a secret employee vote on union representation at an abattoir after finding the employer had misled workers about the interaction between enterprise agreements (EAs) and individual flexibility agreements (IFAs). The Australian Meat Industry Employees Union (AMIEU) had sought a majority support determinat...

Wages growth below inflation

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WFD: Wages growth continues to plumb new lows, with the latest data showing annual wage increases for last year were the worst in at least 18 years. The Australian Bureau of Statistics (ABS) revealed wage increases for the December 2013 quarter rose slightly from 0.5% to 0.7%, seasonally adjusted. However, wages growth through the year continued to...

Willox welcomes IR ‘turning point'

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WFD: The head of Australian Industry Group (AiG) has called for urgent changes to the Fair Work Act (FW Act) to remove “restrictive” ‘no extra claims' clauses, outlaw pattern bargaining, make it easier to terminate enterprise agreements, and introduce transparency requirements for union income protection schemes. The AiG chief exe...
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