The Fair Work Commission has found a small business was not required to provide six months' worth of training so as to “reasonably redeploy” a retrenched employee into a new position. Commissioner Chris Simpson made the finding in his decision rejecting retrenched bookkeeper Kaye Wilson's unfair dismissal application against MacKay Taxi...
Training to redeploy ‘unreasonable burden' for small business
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Sheldon warns Qantas no bluff on civil disobedience threat
WFD: Transport Workers Union (TWU) secretary Tony Sheldon has reiterated his union's commitment to consider civil disobedience in response to Qantas' decision to cut 5,000 jobs, comparing the union's threat to Qantas grounding the airline in 2011. The union leader and Labor party president also praised the sentiment of Australian Workers Union secr...
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FWBC takes workers to court over unpaid fines
WFD: The Fair Work Building and Construction Commission (FWBC) has gone after individual construction workers over their failure to pay penalties for unlawful industrial action taken six years ago. The Construction Forestry Mining Energy Union (CMFEU) West Australia branch told Workforce Daily the FWBC had targeted 33 CBI Constructors workers - 28 ...
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FSC goes behind FWC President to dispute super panel
WFD: The Financial Services Council (FSC) has gone behind Fair Work Commission (FWC) President Justice Iain Ross's back to dispute the constitution of the default superannuation fund review panel - asking the panel itself to find it is not properly constituted. A FSC spokesperson told Workforce Daily chief executive John Brogden had previously writ...
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Legal loophole allows church to escape large adverse action penalty
WFD: A $10,200 penalty for unlawful dismissal could have been up to five times higher had the sacked worker's “employer”, the Catholic Church, been recognised as a corporation and penalised accordingly, the Federal Circuit Court has cautioned. Imposing a penalty for two breaches of the Fair Work Act's general protections, Judge Kenneth ...
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Forcing union quitter off salary was adverse action
WFD: The Federal Circuit Court has found Baulderstone and two of its employees took adverse action against a worker who quit his union when they forced him to go off-salary and onto an enterprise agreement (EA), even though it caused him no financial loss. In a decision emphasising the importance of the primary decision-maker's evidence in adverse ...
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Super A-Mart warehouse workers secure first union EA
Striking workers at Super A-Mart's warehouse in Somerton, Victoria returned to work today (April 16) after securing their first ever union agreement. The deal will see 50 workers receive a 10% pay increase over three years, and a $750 sign-on bonus. The agreement includes improved redundancy provisions, casual conversion after six months and a new ...
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Vic Govt loses first battle to terminate firefighter EAs
WFD: Fair Work Commission President Justice Iain Ross has rejected the Victoria Government's call for a full bench to deal with its bid to terminate firefighters' existing enterprise agreements (EAs) after noting the case could take up to 20 days. The Metropolitan Fire Brigade (MFB) is preparing for an epic battle with firefighters and the United F...
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FWC data reveals VP Watson tops bench allocations for DPs
WFD: The Fair Work Commission (FWC) has moved to release data on full bench allocations following media claims it was excluding pro-employer cmn members from important full bench decisions. The Australian Financial Review reported that last week Deputy President Brendan McCarthy wrote to President Justice Iain Ross about concerns in selecting commi...
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Union leadership a factor in ROE permit refusal
WFD: A delegate of the Fair Work Commission (FWC) has refused a right-of-entry (ROE) permit to a building union official, finding his leadership position as assistant branch secretary was a “relevant matter” because of influence over followers. The Construction Forestry Mining Energy Union (CFMEU) sought an ROE permit for Kane Pearson, ...
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Police band transfer not a lockout
WFD: A Fair Work Commission (FWC) full bench has found that operational transfers are not employer industrial action even if they cause ‘disputes', tearing up an interim order stopping Victoria Police from unilaterally redeploying members of the police band. The bench held whether something was ‘industrial action' was determined by whet...
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Competition review highlights union secondary boycotts
WFD: The Federal Government's competition review panel has called for submissions into whether bans on union secondary boycotts are operating effectively, releasingan issues paper on the review yesterday. The inquiry's broad terms of reference “leaves nothing off the table”, including revisiting competition exceptions that apply to labo...
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Membership ineligibility no bar to MSD
WFD: A Fair Work Commission (FWC) full bench has rejected an employer's claim that unions cannot seek majority support determinations (MSDs) for agreements that would cover some workers who cannot be members of the union. The case upheld a decision that a union need only be the bargaining representative for one employee to apply for a MSD. It has p...
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Shipping deregulation will look at dropping FW Act ‘dead weight'
WFD: The Federal Government has flagged it may exempt foreign-flagged ships engaged in coastal trading from the country's industrial relations laws as part of a proposed overhaul of “unnecessary” shipping regulation. Minister for Infrastructure Warren Truss said Australia's domestic shipping industry was “treading water, bound in ...
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Govt cans skills-productivity agency
WFD: The Federal Government has announced it will shut down the Australian Workforce and Productivity Agency (AWPA) and move its work and staff to the Department of Industry. The Gillard govt established AWPA on July 1, 2012 by expanding the roles and functions of its predecessor, Skills Australia. AWPA conducts workforce research on the demand, su...
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Consultation dispute over dobbing policy
WFD: The Community and Public Sector Union (CPSU) has lodged a dispute over the Department of Prime Minister & Cabinet (PM&C) policy requiring employees to dob on colleagues for social media breaches (WF19101) . The CPSU says PM&C failed to consult staff and unions over the provision, which it claims is a breach of its enterprise agreem...
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Phone a friend: post-dismissal evidence did not justify delay
A Fair Work Commission (FWC) full bench has accepted an employee's mistaken belief he had a right to internally appeal his dismissal to his employer can be grounds for a late unfair dismissal application. However, it ultimately rejected the late application - filed a further 21 days after the internal appeal - after finding exceptional circumstance...
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Happy Easter
Workforce will be taking a break during Easter and will return on April 28.
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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: 314021719115. Twitter: @WorkforceTR
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Diary
Centre for Employment and Labour Relations Law Lecture: May 14, Melbourne. Monash University law academic Richard Naughton speaks on ‘Enduring Values or Radical Change: The Shaping of Labour Law Legislation'. More info here . NSW IR Society Conference: May 23 to May 25, Leura. More info here . AMMA Australian Resource People Summit: May 29 an...
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