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Woolworths employee lawfully sacked for positive drug test

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The Fair Work Commission has observed that drug and alcohol (D&A) abuse in the workplace should be recognised as a problem requiring treatment rather than necessarily dismissal, Workforce associate publication Occupational Health News reports. His comments follow a ruling which found a Woolworths worker had been fairly sacked for testing positi...

Bench oks procedural fairness as it rejects ‘bullied' exec's sacking claim

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A Fair Work Commission (FWC) full bench has overturned yet another decision by Commissioner John Ryan. The bench rejected his finding an executive officer was forced to resign by pressure the executive brought on her after she returned to work following a bullying-related workers' compensation claim. The bench - Senior Deputy President Jennifer Act...

Diary

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Book launch: ‘The Protection of Employee Entitlements in Insolvency: An Australian Perspective' ' by Professor Helen Anderson , March 5, Melbourne Law School, See event flyer here . Panel on ‘Renewing the ALP-union link': March 11, Sydney TAFE. Speakers include Tony Sheldon and Sally McManus. More info here . Employment Relations and th...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682,david.marin-guzman@thomsonreuters.com. Journalists: Steve Andrew, Rajiv Maharaj, Annie Lawson. Managing Editor: Peter Schwab. Product code: 314021719035. Twitter: @WorkforceTR

Govt denies claims over ‘aggressive' APS bargaining policy

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The Federal Government has rejected union claims about its new public sector bargaining policy, including allegations it would only approve wage increases in exchange for cuts to conditions, as “unhelpful and inaccurate”. The Community Public Sector Union (CPSU) last week said multiple public sector sources had revealed to it details of...

Workplace reforms mooted in G20 growth push

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Treasurer Joe Hockey has set Australia an ambitious growth target of 3% at the G20 meeting and suggested workplace relations could be among tough reforms needed for growth. The G20 finance ministers and central bank governors agreed to aim for collective GDP growth of 2% a year, an additional $US2 trillion in global growth over five years. Hockey s...

Dismissal fair despite ‘borderline inhumane' lack of transfer

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The Fair Work Commission has refused the unfair dismissal application of a BlueScope Steel worker who abused an HR manager, despite describing its failure to institute a special transfer system for workers with medical conditions as “bordering on being inhumane”. In early 2012, Renato Adriao - employed by Bluescope for 35 years - had a ...

SDP impartiality questioned due to associate involvement in case

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A Fair Work Commission (FWC) full bench has quashed a senior deputy president's (SDP) decision after it was revealed on appeal that his associate had engaged in private communications about the case before the hearing. The full bench held such communications meant the SDP could have been unfairly influenced by them, even though the communication wa...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Product code: 314021719041. Twitter: @WorkforceTR

Trust and confidence a true necessity: Barker

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The respondent to a High Court challenge of the implied term of mutual trust and confidence in employment contracts has argued the appeal is based on too narrow a view of the term's “necessity” to employment contracts that did not include social consequences. The Commonwealth Bank of Australia (CBA) has been granted special leave to app...

Govt calls for limits on equal pay discretion

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The Federal Government has urged the Fair Work Commission to exercise caution over the union equal pay claim for childcare workers by pointing out any increases could impact other industries that may not be able to afford it. The Govt's submission made yesterday argued the cmn should take practical considerations into account on the question of rem...

Train strike on despite BHP intervention threat

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The Rail Tram and Bus Union (RTBU) has gone ahead with the first of two 24-hour strikes at Aurizon after BHP Billiton did not make good on a threat to take third party action ( WF19035 ) . The RTBU initiated a strike at noon today (February 25) at Aurizon's Newcastle and Duralie depots in the Hunter (NSW), with another 24-hour strike to follow on T...

Govt looks to remove s457 visa restrictions

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The Federal Government has announced an external review into the s457 visa system to assess whether there is scope to remove red-tape introduced by previous Labor govts. Assistant immigration minister Michaelia Cash announced the review panel and its terms of reference (ToR) this morning. She said the review would determine sponsors' current and pa...

FWC tested on pre-2014 bullying

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A Fair Work Commission (FWC) full bench will hear a test case tomorrow on whether it can consider evidence of bullying before January 1, 2014 when determining an application for a stop-bullying order. The Australian Industry Group (AiG) has challenged whether FWC, when considering whether a person has “repeatedly behaved unreasonably” t...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Product code: 314021719041. Twitter: @WorkforceTR

FWC to seek penalties against muso union for ‘flagrant' breaches

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The Fair Work Commission general manager is preparing to take court action against the Musicians' Union of Australia after its investigation uncovered more than a 170 breaches of its financial reporting obligations. The FWC's four investigations, which began in late 2012, found the union's federal office and its Melbourne, Sydney, Hobart, and now-d...

FWC launches major research study

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The Fair Work Commission (FWC) has launched one of the most significant studies of businesses and their workplace relations in 20 years, with the data to be used in minimum wage decisions and equal pay cases. FWC said the Australian Workplace Relations Study (AWRS) will uncover “up-to-date information for stakeholders, policy-makers and resea...

McDonald and CFMEU fined for threats and picket

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The Federal Court has fined the Construction Forestry Mining Energy Union (CFMEU) and Joe McDonald a total of $35,640 for threats and an illegal picket designed to force changes in a contract between principal and sub-contractor. On September 13, 2012 CFMEU Western Australia assistant secretary Joe McDonald entered a NW Construction (NWC) site and ...

Union loses ‘tactical advantage' in GFB order to produce wage claim

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The Fair Work Commission has ruled good faith bargaining requires specific proposals from parties in a decision ordering the United Firefighters Union Victoria (UFU) to produce a detailed and comprehensive log of claims including wage increases. Deputy President Greg Smith made the bargaining order after finding the UFU's reluctance to present its ...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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