The Senate education and employment committee has recommended the upper house reject re-establishment of the Australian Building and Construction Commission (ABCC), because it would not have the jurisdiction to tackle criminality. The committee's report 's said claims of criminality were “wildly overstated”. The cttee, dominated by Labo...
Senate Committee says building criminality ‘wildly overstated'
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Communicated, not real, reason key to unlawful adverse action
In an unusual decision, a judge has said that an employer would have committed adverse action for a prohibited reason because its manager had given the employee the impression it was because of his industrial activities, despite the real reason being operational changes. However, Federal Circuit Court Judge Rolf Driver ultimately dismissed union de...
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Qld Govt threatens to use scab doctors in contract dispute
Qld Premier Campbell Newman has threatened to recruit overseas and interstate doctors to replace Qld doctors who resign over attempts to push them onto individual contracts. Newman made the threat after the Australian Salaried Medical Officers Federation (ASMOF) began coordinating mass resignations to force the Qld Govt back to the bargaining table...
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Williamson sentenced to 5 years jail
Former NSW secretary of the Health Services Union (HSU) Michael Williamson has been sentenced to at least five years jail for defrauding the union of almost $1 million. In a sentencing hearing today (March 28), the District Court described Williamson's action as “brazen and arrogant”. Responding to the sentence, HSU NSW secretary Gerard...
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Govt reviews state transfer of business protections
WFD: The Federal Government has begun a review of Labor's 2012 protections for outsourced state public sector servants, with employer groups using submissions to draw critical parallels with the Fair Work Act's broader transfer of business provisions. Employment minister Senator Eric Abetz invited submissions on the post-implementation review of th...
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CFMEU ordered to pay up millions for Grocon pickets
WFD: The Construction Forestry Mining Energy Union (CFMEU) Victorian branch has been hit with an unprecedented $1.25m in penalties and an estimated $1m plus in costs as a result of its actions in the Grocon picket lines in 2012. Justice Tony Cavanough this morning issued the fines against the union for criminal contempt arising from its obstructive...
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Qld Health wants Fed Court to gag union advice
WFD: Queensland Health has applied to the Federal Court to gag unions from giving advice to doctors in their increasingly bitter contract dispute, claiming it is “misleading and deceptive conduct” prohibited by consumer law. Qld Health is battling the Australian Medical Association (AMA), Together Union (TU) and Australian Salaried Medi...
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Min wage panel breaks from past in considering overseas comparisons
WFD: The minimum wage panel has called on parties to consider the relevance of international research in its wage decision this year, citing policy material from the United Kingdom and developments in the United States' minimum wage debate. The panel's questions for stakeholders published April 1 referred to an article on international minimum wage...
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Carer not a worker for bullying jurisdiction
WFD: In a case testing the breadth of the definition of “workers” in the new bullying jurisdiction, the Fair Work Commission (FWC) has rejected an application from a carer who claimed he was a worker, outworker or volunteer. On February 12, 2014 carer Arnold Balthazaar sought a stop-bullying order against Raelene McGuire and the Departm...
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Protected action ballot at Teekay
WFD: Tugboat workers at Teekay Shipping will vote this week on taking protected industrial action at the iron ore export hub of Port Hedland as bargaining stalls over leave and pay relativity claims. Last week (March 27) Fair Work Commissioner Danny Cloghan granted the Maritime Union of Australia a protected action ballot order (PABO) in bargaining...
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Govt argues min wage must make room for carbon tax repeal
WFD: The Federal Government has called for the minimum wage panel to exercise caution in its decision and to take into account the Govt's commitment to repeal the carbon tax by July 1, despite the Senate knocking back its proposed legislation. The govt's submission said the panel should consider rising unemployment and focus on supporting “jo...
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Stand down offer not adverse action
WFD: A gas construction company that gave a worker a choice to either terminate his contract or stand down while a project was on hold did not commit adverse action, the Federal Circuit Court has found. The case demonstrated there is nothing coercive or injurious about offering termination of employment where work is not required. In early 2012, Mc...
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Consultation requires details of work structure post-redundancies
In a case that demonstrates consultation is required even where redundancies are voluntary due to the effect on remaining employees, the Fair Work Commission (FWC) has sent BHP Coal back to consult with the Construction Forestry Mining Energy Union (CFMEU). Deputy President Ingrid Asbury held BHP Coal was required to reveal the number of voluntary ...
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CFMEU ordered to produce Boral blockade docs
WFD: The Victorian Supreme Court has ordered discovery of documents by the Construction Forestry Mining Energy Union (CFMEU) which were “pivotal” to Boral Resource's case arguing the union was behind a blockade of its regional rail construction site. Boral Resources - with the support of the Victoria Attorney-General - brought criminal ...
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Union fears outworker review will wind back protections
WFD: The Textile Clothing Footwear (TCF) Union of Australia fears a government review of Fair Work Act amendments is the first step to winding back special protections for TCF outworkers. The Fair Work Amendment (TCF Industry) Act 2012 deems outworkers to have the same rights as employees for some purposes, and allows right-of-entry for unions with...
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Public servants could win pay rises by slowing promotion
WFD: The Federal Government's just released public service bargaining framework requires pay increases to be offset by ‘genuine productivity' gains - but counts slower advancement to higher pay increments as a productivity improvement. The framework , released on Friday (March 28) by public service minister Senator Eric Abetz, sets the rules ...
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Senate looks at green army concern
The Green Army Bill has been referred to a Senate inquiry due to concerns with workplace protections of participants in the scheme. On March 6 the Senate referred the Bill ( WF19055 ) to the community affairs legislation committee, which has now referred it to the education and employment legislation committee. It cited concerns over “industr...
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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. More info here . AMMA Australian Resource People Summit: May 29 and May 30, Perth. More info here . Workpla...
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Fears broad competition review may examine labour exception
The Australian Council of Trade Unions (ACTU) has voiced concern the Federal Government's “root and branch” review of competition laws and policy will be another way to attack labour laws and collective bargaining. However, a senior labour law academic has welcomed the review but said if it looks into removing the labour exemption it co...
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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: 314021719095. Twitter: @WorkforceTR
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