In opening statements for the Royal Commission into union corruption, Commissioner Dyson Heydon has said the inquiry's broad terms of reference are “not hostile to unions” and the cmn's counsel assisting has confirmed it will look at employers' dealings with unions. Cmr Heydon has also said the cmn will seek to inquiry why some unions' ...
Royal Cmn to examine rationale behind different conduct between union branches
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From ACCI to AMMA
Former IR director of the Australian Chamber of Commerce and Industry (ACCI) Daniel Mammone is now representing the big end of town, having taken up a position as director of government relations for the Australian Mines and Metals Association (AMMA). Mammone is now working within the AMMA policy and public affairs division and is responsible for s...
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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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Bullying laws should expose shoddy investigations
The Fair Work Commission's bullying jurisdiction will likely expose unfair and prejudicial workplace investigations that provide poor recourse for victims, Maurice Blackburn principal Josh Bornstein has predicted. Bornstein noted under the Fair Work Act's anti-bullying provision s789FF(2) the cmn was required to consider “any final or interim...
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Five-member full bench may resolve battle over urine testing
A five-member extraordinary Fair Work Commission full bench will deal with the controversial issue of using saliva instead of urine for drug and alcohol testing, following an appeal of the most recent decision on the matter. Vice President Joe Catanzariti yesterday granted DP World a stay of Deputy President Anna Booth's March 10 order to cease uri...
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Mutual trust may be too vague
The Commonwealth Bank of Australia (CBA) may be on to a winner in its High Court appeal against the term of mutual trust and confidence, with interventions from the bench indicating the term may be too vague to be implied in employment contracts by “necessity”. CBA is challenging a Full Federal Court decision which found by majority tha...
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NDIS transfer will be without consent
The NSW Government has this morning reneged on its commitment to negotiate a framework agreement for transferring employment conditions as part of the National Disability Insurance Scheme (NDIS), according to union sources. The NSW NDIS involves transferring 10,000 employees to non-government providers in what is the largest privatisation in NSW hi...
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Performance warnings do not breach mutual trust and confidence
The Federal Court has suggested the implied term of mutual trust and confidence applies to employment contracts from at least 2009. However, the judge ultimately rejected claims of a breach after finding the term did not apply to performance warnings due to their links to dismissal. Justice Debbie Mortimer considered the implied term as part of a 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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Full Court could decide who fairly chosen for project-like EAs
WFD : 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 sim...
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PM&C demands social media dobbing
WFD : 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 c...
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Voluntary redundancy thought bubble not offer
WFD : 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...
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Bullying laws should expose shoddy investigations
WFD : The Fair Work Commission's bullying jurisdiction will likely expose unfair and prejudicial workplace investigations that provide poor recourse for victims, Maurice Blackburn principal Josh Bornstein has predicted. Bornstein noted under the Fair Work Act's anti-bullying provision s789FF(2) the cmn was required to consider “any final or i...
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Retailers think FWC appeal body a done deal
WFD 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 As...
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Pre-emptive lockout unlawful
WFD : 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 indu...
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Retailers to appeal 20-year-olds adult rate decision
WFD : 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 “overwhel...
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ACTU calls for transfer-of-business review delay due to states' plans
WFD : 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 Fai...
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Quick hearing - and ‘impatient' officer - no cause for judicial review
WFD : 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...
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Calls for union-ALP reform after WA Senate rout
WFD : 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 A...
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Barristers and law firm waved through by FWC
WFD : 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 ma...
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