WFD: 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 delivery of groceries from its online store out to Linfox, to ins...
Judge only driver in TWU claim as Coles delivery staff on retail award
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Most bullying complaints about discipline: Cmr Cribb
WFD: 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...
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Using machines without workers has no workforce impact
WFD: 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...
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‘Work-like' Green Army excluded
WFD: 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 A...
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Casual flown home for drug result
WFD: 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 Shipp...
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‘Conditional' denial of entry is ok
WFD: 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-bet...
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Division over continuing restraint clause leaves worker ‘unaware'
WFD: 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 “reasonab...
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Redundancy not genuine due to failure to consider overseas jobs
WFD: A company ordered to pay a retrenched employee about $65,000 because it did not look at redeploying him overseas has appealed to a Fair Work Commission full bench. In January 2014, Deputy President Anne Gooley slammed software company Ventyx for only notifying workers of their redundancy a day before their retrenchment. She found the company's...
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Labor accuses FW Bill of abandoning ‘key safeguards' for IFAs
Labor has argued the Federal Government's failure to expressly require individual flexibility arrangements' (IFAs) non-monetary trade-offs be “relatively insignificant” could lead to “open slather” on cutting penalty rates and allowances. In an interrupted parliamentary response speech yesterday, Opposition IR spokesperson B...
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Bully backdate: FWC can consider pre January 1 conduct
In the first decision in its new bullying jurisdiction, a full bench has held the Fair Work Commission (FWC) can consider conduct before January 1 when establishing whether a person has been repeatedly bullied at work. On January 9, 2014 Kathleen McInnes applied for a stop-bullying order, claiming she had been bullied from November 2007 to May 2013...
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ETU Qld prosecuted under new IR transparency laws
The Electrical Trades Union Qld branch is being prosecuted for 12 contraventions of new transparency and accountability measures in the state's Industrial Relations Act (IR Act). In May 2013, the Qld Government amended the IR Act to require unions to declare senior officers' salaries and other financial information including all gifts and political...
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HSU NSW on ‘road to recovery'
The Health Services Union NSW branch has "fought back" from a $200,000 overdraft 14 months ago to $2m in the bank and $8.7m in net assets, secretary Gerard Hayes has told Workforce NSW . Hayes was responding to concerns ex-HSU secretary Michael Williamson's bankruptcy could hinder attempts to recover a $5.5m judgment against him for misappropriatio...
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Diary
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 : March 18, Fair Work Commission Sydney. More info here . Fair Work Commission lecture: 'Management-Employee Communication' by Professor Russell Lansbury, March 19, Sydney. More info he...
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Joe de Bruyn confirms retirement
WFD: Joe de Bruyn, national secretary of the shoppies' union for 35 years, has confirmed he will shift across to president at the end of his term in October to make way for NSW secretary Gerard Dwyer. Shop Distributive and Allied Employees Association (SDA) secretary de Bruyn told Workforce Daily speculation outgoing ALP Senator Don Farrell would t...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021719055. Twitter: @WorkforceTR
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TWU to appeal against delivery drivers on retail award
WFD: The Transport Workers Union will appeal a Federal Circuit Court ruling that Coles staff who deliver online orders should be covered by the retail not the road transport award. Coles Customer Service Agents (CSAs) take items from Coles stores, pack and deliver orders, and provide customer service to in-store and at customers' homes. On Friday (...
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Restrictive no-extra claims clause invalid under Act
The Fair Work Commission has used the Federal Court's recent Toyota decision to rule a blanket no-extra-claims clause is invalid and no an obstacle to employer-proposed enterprise agreement variations. Commissioner Tim Lee said Tasmanian electricity provider Aurora Energy's no-extra-claims clause, which prevented all changes including to the no-ext...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist:Paul Karp.Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021719055. Twitter: @WorkforceTR
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Accessorial liability for underpayment lowered on appeal
The Federal Court has found a director who paid employees under unregistered individual agreements was not an accessory to underpayments because it could not be shown she knew an award applied to the workers before she obtained legal advice on the matter. Judith Potter was the director and secretary of Quincolli Pty Ltd. In 2009, Quincolli paid 33 ...
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Pre-dismissal application possible
A Fair Work Commission (FWC) full bench has found the Cmn can exercise discretion to accept unfair dismissal applications despite an employee not having been dismissed at the time. Lifeline Macarthur gave its CEO Peter Mihajlovic three months' notice of his dismissal on June 7, 2013. Mihajlovic made an unfair dismissal application on August 5. Life...
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