The average annualised wage increase (AAWI) for current agreements is falling, with increases in deals approved in recent quarters lower than the ones they replace, the latest Enterprise Bargaining Trends report reveals. AAWI overall in December showed no change from September, with the AAWI for collective agreements in all sectors steady at 3.5% -...
AAWI for current agreements falling
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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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Required overtime counts as income
A Fair Work Commission full bench has found mandatory overtime counts towards the high income threshold on unfair dismissal applications because - regardless of whether it was “guaranteed” - it can be calculated in advance. The decision is one of the first full bench rulings to look at what constitutes earnings under s 332 of the Fair W...
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No need to displace contractors for genuine redundancy
The Fair Work Commission (FWC) has held employers must consider contractor work as part of possible redeployment options for redundant employees. However, it rejected miners' claims their redundancies were not genuine because their employer could have cut overtime hours or given them contractors' work. The Construction Forestry Mining Energy Union ...
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Costs of unreasonable settlement offer
Roy Morgan has been hit with a further costs order over its handling of an unfair dismissal claim after the Fair Work Commission (FWC) ruled it should have put forward a reasonable settlement offer to avoid the expense of a hearing. Earlier this month, the FWC hit the pollster with costs for its failed appeal of the case because it unreasonably rej...
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ABCC claims led to no convictions
WFD: The Victorian Police has revealed no criminal convictions resulted from referrals by the Australian Building and Construction Commission (ABCC) in its entire seven year existence. In a Senate hearing last week into the government's approach to re-establishing the ABCC, Deputy Police Commissioner Graham Ashton told the senate committee the cmn ...
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Bullying claim fails due to jurisdictional objection
WFD: The Fair Work Commission has thrown out the bullying case that saw the cmn's first decision because the employer where alleged bullying occurred was not a trading corporation so it was beyond jurisdiction. Kathleen McInnes' application for a stop-bullying order against mental health charity Peninsula Support Services (PSS) had been the subject...
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No further clarity for ‘crippling' and ‘indefinite' paperwork ban
WFD: The Fair Work Commission has dismissed an employer's bid for orders against its warehouse workers' indefinite paperwork ban after finding the notice for action was sufficiently clear and did not need to distinguish between paperwork and technology. Commissioner David Gregory also rejected CEVA Logistics' claims employees were engaging in an un...
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Anaesthetist's reinstatement fight goes under
WFD: A Fair Work Commission (FWC) full bench has ended a long-running battle for reinstatement by a Geelong Hospital anaesthetist, refusing permission to appeal because FWC findings trust and confidence had broken down were well-founded. Dr Mark Colson won reinstatement with Barwon Health for unfair dismissal in February 2013 ( WF18561 ) but a full...
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Vale Wally Curran
WFD: Iconic meat union leader and former communist Wally Curran has passed away on March 24 following a long battle with cancer. Workforce Daily understands Curran fell into a coma over the weekend while on morphine and passed away at 8am. Curran was the Australian Meat Industry Employees Union (AMIEU) Victoria branch secretary from 1973 to Decembe...
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Howes resigns amid confusion over next move
WFD: Australian Workers Union (AWU) leader Paul Howes has announced he will be stepping down as union national secretary in July but has denied claims he will be seeking Labor pre-selection. Howes advised the AWU national executive of his decision on March 24, with assistant national secretary Scott McDine expected to replace him. In a statement to...
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Registered orgs already regulated
The Labor and Greens-dominated education and employment committee has recommended the Senate reject the Fair Work (Registered Organisations) Amendment Bill 2013 (RO Bill), claiming increases in penalties and disclosure in 2012 are sufficient to prevent corruption. The RO Bill would establish a Registered Organisation Commission (ROC) with "enhanced...
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Hadgkiss targets pattern bargaining
WFD: Fair Work Building and Construction (FWBC) director Nigel Hadgkiss has warned employers against agreeing to unproductive clauses via pattern bargaining ahead of industry negotiations in Victoria. Hadgkiss told the Master Builders Association Victoria industry breakfast the building industry has “regressed” to a state of “appa...
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Toyota appeal to be heard in May
A Full Federal Court - Justices Chris Jessup, Richard Tracey and Nye Perram - will hear over two days Toyota's appeal of Justice Mordy Bromberg's decision that it could not seek an employee vote for changes to its enterprise agreement due its no-extra claims clause. The case is listed for May 26 and 27.
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Diary
What's In Store for the Workplace under Tony Abbott: April 10, Sydney ‘Politics in the Pub'. Speakers include ASU secretary Sally McManus and AMWU secretary Tim Ayres. More info here . NSW IR Society Conference: May 23 to May 25, Leura. Speakers include FWC President Justice Iain Ross and University of Adelaide Law Professor Andrew Stewart. M...
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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: 314021719085. Twitter: @WorkforceTR
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Royal Cmn limits cross-examination
The Royal Commission into trade union corruption will not allow an automatic right to cross-examine witnesses and could even preclude parties from examining their own witnesses, according to practice directions issued this week. The directions issued on Wednesday (March 26) also suggest the cmn's first substantive hearings may not be held for anoth...
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Small business income should be factor in min wage review: ACCI
Employer groups are seeking minimum wage rises of as low as 1.3% in submissions to the Fair Work Commission annual review due to fears of low growth and rising unemployment. The Australian Chamber of Commerce and Industry (ACCI) and Australian Retailers Association (ARA) have both recommended the national minimum wage rise by no more than $8.50 per...
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Fed court rules EA site exclusion clause not unfair
In a big win for employers, a Federal Court judge has found the Fair Work Commission cannot reject an enterprise agreement (EA) under the “fairly chosen” test on the basis its coverage undermines collective bargaining. Justice Antony Siopsis made the ruling when quashing a then-Fair Work Australia (FWA) full bench decision that had reje...
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Fed Govt comes to bargaining table
The Federal Government will release its bargaining framework today, after the Community and Public Sector Union (CPSU) started launching petitions to force the govt to bargain through majority support determinations (MSDs). In December 2013, the CPSU lodged bargaining claims seeking three 4% pay rises for 110 public service enterprise agreements du...
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