A Fair Work Commission full bench has granted an Australian Workers Union (AWU) appeal for a scope order, ruling employees' preferred scope carries ‘greater weight' than the employer's and that 200m was not enough to make a group of workers ‘geographically distinct'. On December 2, 2013 Commissioner Danny Cloghan granted a scope order t...
Employee preference tips scope order in favour of AWU: bench
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Serious non-disclosure leads to RoE permit rejection
A Fair Work Commission delegate has rejected a right-of-entry (RoE) permit application due to the Communications Electrical Plumbing Union's (CEPU) past failure to declare substantial penalties incurred by the official. The CEPU applied for a ROE permit for Electrical Trades Union Victoria organiser Peter Mooney and disclosed 14 “orders and d...
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Qld Govt restricts right of entry
The Qld Government has passed a bill which restricts right of entry by requiring work health & safety (WHS) permit holders to give at least 24 hours' notice before they enter a workplace to enquire into a suspected breach ( WF19025 ). The Bill, passed with only minor amendment clarifying the new penalty of up to $22,000 for entering a workplace...
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BP to close Bulwer Island refinery
BP has reassured 400 workers at its Kwinana, WA oil refinery their jobs are “safe”, in the wake of this week's (March 2) shock announcement by the company it would close its Bulwer Island, Queensland refinery with the loss of 380 jobs. Bulwer will be phased out by mid-2015, a “victim of the growth of new super refineries in Asia...
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Barristers and law firm waved through by FWC
The Fair Work Commission has held once it determines a party may be represented by a lawyer, representation can include a barrister in addition to solicitors. Independence Australia (IA) applied to be represented by TressCox Lawyers and counsel in an unfair dismissal claim. The National Union of Workers (NUW) objected on the basis it would make pro...
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Pre-emptive lockout unlawful
The Fair Work Commission has found an employer's plan to stand workers down before their scheduled industrial action was an unprotected lockout, not an employer response action. The decision to stop the stand-down demonstrates employer response action is only legitimate after industrial action has commenced and that employees' threats of industrial...
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Calls for union-ALP reform after WA Senate rout
In the wake of an historic low WA Senate vote and extraordinary attacks on it by its own lead candidate Joe Bullock, federal Labor party (ALP) Opposiiton leader Bill Shorten has led the calls for reform about unions' links to the ALP. Labor's campaign was derailed on Friday (April 4) by revelations its number one candidate Shop Distributive Associa...
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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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CPSU hits back against bargaining framework
The Community and Public Sector Union (CPSU) has resolved to step up its campaign for public sector enterprise agreements by supporting members during protected action ballots and no votes for proposed agreements. The CPSU governing council met on Thursday and Friday (April 3 and 4) following the Federal Government's release of its APS bargaining f...
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Full Court could decide who fairly chosen for project-like EAs
The Construction Forestry Mining Energy Union (CFMEU) has confirmed it is appealing last month's Federal Court decision that allowed John Holland to make an enterprise agreement with just three employees despite the state-wide agreement covering classifications beyond those employees (WF19085) . However, the appeal could be joined with a similar ca...
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Employer reward for non-strikers not adverse action: Judge
WFD: 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 ...
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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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Retailers to appeal 20-year-olds adult rate decision
The National Retailers Association (NRA) has launched a Federal Court appeal against the Fair Work Commission full bench decision that 20-year-olds in the retail sector should get adult wages ( WF19085 ). NRA chief executive Trevor Evans told Workforce Daily it decided to appeal the “baffling” ruling because of the “overwhelming c...
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Quick hearing - and ‘impatient' officer - no cause for judicial review
The Federal Court has rejected an employee's appeal for an extension of time for his unfair dismissal application after holding a Fair Work Commission (FWC) member's “impatient or abrupt” comments during a hearing did not amount to a denial of natural injustice. Ex-Master Highrise Cleaning Services employee Toni Reihana had sought to ar...
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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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PM&C demands social media dobbing
The Department of Prime Minister and Cabinet (PM&C) has released a new social media policy which reaches into all aspects of its departmental employees' digital communications - even requiring them to dob in breaches by co-workers. The policy - which Workforce Daily has seen - applies to use of social media in an official and unofficial capacit...
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ACTU calls for transfer-of-business review delay due to states' plans
The peak union body has urged the Federal Government to delay its review of transfer of business protections for state public sector workers in light of recent reports that Queensland and NSW govts plan to cut thousands of jobs. Last week, Workforce revealed the Govt had been conducting an unannounced post-implementation review of Labor's Fair Work...
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Annual leave modern award update
The Fair Work Commission has indicated annual close downs and excessive annual leave will be discussed as common issues before the full bench when it hears the full annual leave modern award review. President Justice Iain Ross accepted annual close downs and excessive annual leave were “inter-related” and will be dealt with as part of t...
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Retailers think FWC appeal body a done deal
Exclusive The leader of a retail industry group pushing for the Federal Government to introduce a Fair Work Commission (FWC) appeals body has revealed industry believes the body is a near-certainty. A separate retail source has said they expect an announcement relating to the appeal body proposal in the next few months. Australian Retailers Associa...
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Voluntary redundancy thought bubble not offer
The Fair Work Commission has rejected a forensic scientist's claim that the Australian Federal Police (AFP) had repudiated an offer of voluntary redundancy, finding the supposed offer was a suggestion by a manager without authority. In November 2010 the AFP advised forensic document examiner and team leader James Brandi of a restructure while he wa...
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