The Construction Forestry Mining Energy Union (CFMEU) has failed in its attempt to disqualify Fair Work Commission Senior Deputy President Matthew O'Callaghan after he launched his own inquiry into alleged misuse of entry rights. Last year, SDP O'Callaghan made an unusual move to use the Fair Work Act's s508 to conduct his own inquiry into the CFME...
SDP O'Callaghan wins round one in CFMEU inquiry appeals
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‘Tough' environment for green EAs
Bargaining for consultation clauses on environmental matters is met by blunt opposition from employers, the head of the mining union has told a conference exploring the link between sustainability and employment practices. Results of a major research project which calls for the government to encourage parties to take action to reduce emissions thro...
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Employment contract ‘invalid' if employer not s457 visa sponsor
The Fair Work Commission has observed an employment contract between a s457 visa worker and an employer that is not their sponsor is not a valid contract and is unenforceable. Commissioner Michelle Bissett made the comments in ruling s457 visa worker Leanne Smallwood did not have rights to claim unfair dismissal against host employer Ergo Asia Pty ...
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ACCI IR director moves on
Long-time Australian Chamber of Commerce and Industry (ACCI) workplace relations and legal affairs director Daniel Mammone has stepped down after eight years in the position. Mammone told Workforce it had been “a privilege” to serve ACCI and thanked former ACCI chief executive and “mentor” Peter Anderson. Mammone said he int...
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Diary
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 . Mock unfair dismissal hearing...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682,david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Journalists: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021719045. Twitter: @WorkforceTR
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TWU refuses to rule out industrial action over Qantas job cuts
WFD: The Transport Workers Union (TWU) has refused to rule out industrial action in response to Qantas plans to cut 5,000 full-time jobs, and freeze wages until the company returns to profit. Qantas chief executive officer Alan Joyce announced the cuts as part of a three-year, $2 billion cost-cutting plan for the airline. It follows a $235m half-ye...
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IR reform not far enough: Ferguson
Former ACTU president and Labor MP Martin Ferguson has advocated for industrial relations reforms far more significant than Abbott government policy, including restricting the scope of enterprise agreements (EAs) and protected action. He's also backed creating a new category of agreement for major projects. Ferguson, now chair of the Australian Pet...
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Unions adopt new enforcer tactics
Unions have evolved and developed new tactics to enforce minimum standards as the regulatory and workplace environment make compliance work harder, a new study has found. Australian unions still play a crucial role in monitoring and enforcing employer compliance, according to the University of Melbourne's Centre for Employment and Labour Relations ...
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Unions must take radical action or risk ‘managed decline': Lyons
A senior ACTU official has called for unions to take “radical” action in the face of declining membership and in “a uniquely threatening moment in our history”. ACTU assistant secretary Tim Lyons played down calls for concessions or partnerships with “bosses” and urged unions not to be afraid of conflict. Speakin...
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‘Work-like' Green Army excluded from FW Act
The Federal Government has introduced a bill to implement its ‘Green Army' program which reveals its 15,000 environmental workers would be excluded from the protections of the Fair Work Act and other Commonwealth employment laws. On Wednesday (February 26) environment minister Greg Hunt introduced the Social Security Legislation (Green Army P...
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Casual flown home for drug result not dismissed: FWC
A casual worker who remained suspended for several months over a failed drug test was not dismissed because employer delays in communication were due to a misapprehension he was represented by the Maritime Union of Australia (MUA), the Fair Work Commission (FWC) has found. From November 2012, Gary Hughes worked as a casual at Trident LNG Shipping S...
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ASU takes Qantas to FWC over consultation
Qantas has violated requirements to consult unions over workforce changes by offering redundancy to full-time staff, the Australian Services Union (ASU) will tell the Fair Work Commission (FWC) this afternoon. On Thursday (February 27) Qantas announced it would slash 5,000 jobs as part of a three-year $2bn cost-cutting plan ( WF19045 ). ASU NSW sec...
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Editorial Team
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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Division over restraint clause continuation leaves worker ‘unaware'
The WA Supreme Court has refused to issue an interlocutory injunction enforcing a three-year cascading restraint of trade clause despite finding Perth roofing company Workplace Access and Safety Pty Ltd (WAS) had a prima facie case. Justice James Edelman took into account that former WAS regional manager Damian Mackie could not “reasonably be...
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Judge only driver in TWU claim as Coles delivery staff on retail award
Federal Circuit Court Judge Rolf Driver has rejected an application by the Transport Workers Union (TWU) that two customer service agents who made home deliveries of groceries should be covered by the Road Transport and Distribution Award. In 2010, Coles shifted from contracting out to Linfox delivery of groceries from its online store to employing...
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‘Conditional' denial of entry is ok
The Federal Court has upheld a Federal Circuit Court judgment that an occupier can conditionally refuse union officials' right of entry (RoE), including by requiring a police presence, as long as the refusal does not “unduly” delay their entry. Justice Dennis Cowdroy also rejected union argument that entry rights still apply in-between ...
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Using machines without workers has no workforce impact
The Federal Court has denied a union bid to stop an electricity company using additional generators without extra workers or work hours after finding the change would not have a significant effect on the workforce. Stanwell Corporation operated the Swanbank East gas power station and Tarong coal power station in Queensland. On February 5, 2014 Stan...
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Most bullying complaints about discipline: Cmr Cribb
The Fair Work Commission (FWC) has been inundated with parties interested in its new bullying jurisdiction, with most of the 66 complaints so far relating to disciplinary action, according to Commissioner Anna Lee Cribb. On Thursday (February 27) Commissioner Cribb shared the details of FWC's new bullying jurisdiction with the National Workers' Com...
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Editorial Team
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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