Workers may be able to claim bullying by social media under new workplace bullying laws even if the perpetrator is not at work or the worker is working from home, Maurice Blackburn principal Josh Bornstein has argued. In an article published in this month's Law Institute Journal , Bornstein and lawyer Emeline Gaske contended the reach of the new la...
Bullying laws could extend to social media: Maurice Blackburn
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FWC paperwork failing led to procedural unfairness
A Fair Work Commission full bench has adopted a flexible approach to erroneous general protections applications by finding the cmn's failure to clarify the appropriate basis of the application amounted to appellable error. The full bench - Vice President Graeme Watson, Senior Deputy President Jonathan Hamberger and Commissioner Ian Cambridge - call...
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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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History of discipline policy not an EA term
A Full Federal Court has rejected a claim by the Australian Rail Tram Bus Industry Union (ARTBIU) that the way a disciplinary policy had historically been applied was enforceable under an enterprise agreement (EA). Stevan Uzelac and the ARTBIU alleged Yarra Trams' refusal to conduct an independent inquiry into a dismissal breached an EA clause whic...
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Employer reward for non-strikers not adverse action: Judge
The Federal Court has held an employer's handing out of $300 gift cards to employees who chose to work during a strike was not unlawful adverse action or discrimination against the strikers. Justice Tony Pagone ruled Jeld-Wen subsidiary Corinthian Industries and Corinthian subsidiary Baltic Doors - door-frame manufacturers - did not act for a prohi...
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All award objectives created equal
A Fair Work Commission (FWC) full bench has found that “no particular primacy” is attached to any modern award objectives, rebuffing Federal Government submissions the modern award review should prioritise job creation. The statement came in the four-yearly review of modern awards decision on preliminary jurisdictional issues, handed do...
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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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MEAA moves to appointed CEO
The Media Entertainment Arts Alliance (MEAA) federal council has voted to replace its directly elected federal secretary with a council-appointed CEO. The MEAA federal management committee said the controversial change was designed to create clearer lines of responsibility. It follows the gradual replacement of elected federal assistant secretaries...
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‘Lying' not enough to stop MUA winning PABO
The Fair Work Commission has ruled that moral notions of lies and misrepresentation are too narrow and “unrealistic” when considering whether a bargaining party is genuinely trying to reach agreement. Commissioner Danny Cloghan made the ruling when granting the Maritime Union of Australia's (MUA) protected action ballot order in its neg...
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Fed Govt to take back PPL paymaster duties
The Federal Government has introduced a Bill to allow it to pay the statutory paid parental leave (PPL) entitlement directly to workers, although employers will have the option of continuing to administer payments themselves. The Paid Parental Leave Amendment Bill was introduced by Small Business Minister Bruce Billson today (March 19). The Bill pr...
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Spent IR instruments in ‘Repeal Day'
The Federal Government has dumped 118 spent or redundant legislative instruments administered by the Department of Employment as part of its ‘Repeal Day'. The March 19 Employment (Spent and Redundant Instruments) Repeal Regulation 2014 was made to “reduce red tape, deliver clearer laws and make accessing the law simpler for both busines...
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Mine manager directed gifts to own club
The WA Court of Appeal has upheld the summary dismissal of a mine manager who misled his company to induce donation of a $50k transportable house to a sporting club of which he was a founding member. Isak Buitendag was the manager at Ravensthorpe Nickel Operations (RNO), a BHP Billiton subsidiary operating at Ravensthorpe, WA. On January 23, 2009 R...
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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 discretion remains for interim orders to stop industrial action: SDP
Senior Deputy President Peter Richards has found the Fair Work Commission has discretion to issue its own interim orders to stop industrial action outside of the boundaries of the specific interim order requirements. However, SDP Richards declined to issue the interim order Thiess sought against the Construction Forestry Mining Energy Union (CFMEU)...
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Fair Work Ombudsman Roundup
The Fair Work Ombudsman (FWO) has raised concerns over exploitation of foreign visa workers and has warned company directors they will be held liable for their organisation's actions in a round-up of the watchdog's latest cases and industry audits. Real estate industry told to shape up FWO Natalie James has called for behavioural change in the Quee...
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SA Employee Ombudsman charged
South Australian (SA) Employee Ombudsman and former textile union branch secretary Stephen Brennan has been charged with 67 counts of fraud allegedly committed while at the union. Brennan was Textile Clothing Footwear Union (TCFU) SA/Tasmania secretary from 1991 to 2006, when he was appointed SA Employee Ombudsman. On March 6, 2014 SA Police's Comm...
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Earthquake PTSD no excuse for love-sick harassment
The Fair Work Commission has rejected the unfair dismissal application of a Telstra worker who claimed post-traumatic stress disorder (PTSD) he received during an earthquake caused him to sexually harass a colleague out of fears for her safety. In November 2012 Hong Nguyen complained Tejash Patel had been harassing her for a year by asking her to m...
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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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Cmr Ryan raises threshold for double dipping laws
A Fair Work Commission (FWC) decision appears to expose a chink in federal anti-double dipping laws after it found they did not prevent multiple claims that involve resignations. Granting an extension of time for ex-JB Hi-Fi employee David Jobson to lodge his s 365 general protections claim, Commissioner John Ryan said the key question to be addres...
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‘Loophole' exposed in WA workforce reform Bill
A draft Bill giving Western Australia NSW-style powers to cap public service pay to inflation and terminate public servants against their will could have the “unintended consequence” of making it easier for public servants to appeal wage matters to the Supreme Court, a WA Parliament standing committee report on the legislation claims. T...
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