The Government's Productivity Commission review of workplace relations has been revealed to have broad terms of reference but its outcomes will be driven by the extent to which the Abbott government influences it in favour of business interests, according to IR academic Andrew Stewart. The draft terms of reference were leaked last week, revealing t...
Broad IR review depends on reviewer values: Stewart
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Financial exec keeps $1.6m payout despite sexual harassment claims
The NSW Appeal Court has rejected a financial services company's bid to overturn a $1.6m damages order for terminating the employment of its sales director over sexual harassment allegations but without a finding of serious misconduct. The court rejected the company's appeal arguments it had subsequently withdrawn the termination or the termination...
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New super panel appointed after potential conflicts
Former ACTU economist Tim Harcourt will join the Fair Work Commission's (FWC) reconstituted default superannuation review panel after President Justice Iain Ross ruled two of its three expert members should not deal with the matter due to potential conflicts of interest. The expert panel was convened on January 6, 2014 for a four-yearly review of d...
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Unions NSW High Court win bodes well for Qld Unions: academic
Unions NSW's successful High Court challenge of NSW electoral donation laws ( WF18985 ) has cleared the way for Queensland unions to challenge new ballot requirements for large electoral donations, according to Sydney University constitutional law academic professor Anne Twomey. Last year, the Qld Government introduced strict financial and politica...
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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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FWC has burden to determine ‘authenticity' of bargaining in PABO
In a significant decision that could result in closer scrutiny around protected action ballot orders (PABO), a Fair Work Commission full bench has quashed a Maritime Union of Australia strike authorisation. The bench found the original commissioner had not considered how the union's shifting scope position suggested it was not genuinely trying to r...
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Financial exec keeps $1.6m payout despite sexual harassment claims
The NSW Appeal Court has rejected a financial services company's bid to overturn a $1.6m damages order for terminating the employment of its sales director over sexual harassment allegations but without a finding of serious misconduct. The court rejected the company's appeal arguments it had subsequently withdrawn the termination or the termination...
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Urine testing dealt another blow
The Fair Work Commission Urine has again found urine testing for drugs to be unjust and unreasonable in light of its intrusion on privacy and improvements in saliva testing. Deputy President Anna Booth based her arbitration decision on “compelling” expert evidence and relied on Senior DP Jonathan Hamberger's latest Endeavour Energy deci...
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CFMEU fined and forced to withdraw overtime ban
The Federal Court has fined the Construction Forestry Mining Energy Union (CFMEU) the maximum $33,000 for imposing an unlawful ban on overtime and has forced the union to withdraw the policy. The CFMEU had circulated a policy at BHP Coal's Peak Downs mine threatening members with removal from the overtime roster if they worked more than minimal amo...
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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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Government reopens s457 loophole
Unions claim the Federal Government has instructed the immigration department not to penalise employers who exceed the number of temporary skilled visa s457 workers they are allowed under their authorised cap. Before July 1, 2013 employers who were authorised to sponsor workers on s457 visas were not subjected to any penalty if they exceeded the nu...
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Late application allowed due to redundancy confusion
The Fair Work Commission has ruled a worker's attendance at a remote funeral and his confusion about whether he was made redundant are exceptional circumstances allowing for a late unfair dismissal claim. Ken Ormond worked as a fly-in fly-out truck driver in Port Hedland for Pilbara Logistics WA (PLWA). PLWA terminated Ormond's employment on Novemb...
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Victorian anti-protest Bill passes
The anti-protest Bill which unions fear will give police extended powers to break up pickets has passed the Victorian parliament unamended. The Summary Offences and Sentencing Amendment Act 2014 allows police to apply for a court order banning people from nominated public places for up to 12 months, and gives increased power to issue orders to move...
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Turf war fear can not limit union lunch room approaches
The Fair Work Commission has recommended changes to Coles' policy restrictions on right of entry (RoE) after finding its ban on union officials initiating conversations with workers in the lunch room was inconsistent with the Fair Work Act. However, the cmn, which also refrained from giving orders, accepted it was reasonable to restrict officials t...
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No month's grace, says Qantas
Qantas and the Australian Services Union (ASU) NSW branch have reached agreement no check-in staff at Sydney International terminal will be forced to leave the company before April 14, 2014. The ASU NSW took Qantas to the Fair Work Commission last week, claiming the company failed to consult on its approach to 230 full-time check-in employees at Sy...
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Fewer strikes in Dec quarter
The number of strikes in the final quarter of 2013 has decreased, but they involved almost three times as many workers as the previous quarter and resulted in more days lost. According to the Australian Bureau of Statistics ( ABS ) there were 58 industrial disputes in the December quarter 2013, down from 65 in the September quarter. However, the nu...
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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. Twitter: @WorkforceTR
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PC calls for IR reform in building sector but rejects ABCC myths
The Productivity Commission (PC) has dismissed the Coalition and building industry's claim the Australian Building and Construction Commission (ABCC) led to a resurgence in productivity in the sector. However, it has backed the restoration of the Coalition's national building code and recommended increased penalties for unlawful industrial conduct ...
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Pre-dismissal application possible
WFD: 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....
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Top fine for CFMEU overtime ban
WFD: The Federal Court has fined the Construction Forestry Mining Energy Union (CFMEU) the maximum $33,000 for imposing an unlawful ban on overtime and has forced the union to withdraw the policy. The CFMEU had circulated a policy at BHP Coal's Peak Downs mine threatening members with removal from the overtime roster if they worked more than minima...
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