WFD: The Law Council of Australia has warned Green Army volunteers will lack even basic employment protections of other trainee workers, risking a repeat of deaths as occurred under the ‘Pink Batts' home insulation scheme. The Law Council recommended to the Senate Education and Employment Legislation Committee inquiry into the Green Army sche...
Green Army may be next Pink Batts
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New building code makes ABCC watchdog for secondary boycotts
WFD: The Federal Government's new national building code will require companies to refer union secondary boycott issues to a restored Australian Building and Construction Commission (ABCC) within 24 hours, despite the industry watchdog not having powers to deal with them. The proposed Fair and Lawful Building Sites Code 2014 for Commonwealth-funded...
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CFMEU alleges worker sacked because of diabetes
WFD: The Construction Forestry Mining Energy Union (CFMEU) has won an interim injunction reinstating a diabetic worker until his adverse action claim was heard appealing his sacking for allegedly failing to follow a medical plan. Vernon Kemp worked at the North Goonyella coal mine in the Bowen Basin for Peabody Energy Australia Coal Pty Ltd until M...
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Negligent worker did not deserve maximum compo: bench
WFD: A Fair Work Commission full bench has slashed a BlueScope Steel worker's unfair dismissal compensation from 26 to 16 weeks pay, finding his negligence over safety made the maximum inappropriate. However, it upheld the finding that the employee's length of service meant his dismissal was harsh. In May 2013 BlueScope dismissed Peco Sirijovksi fo...
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Law Council and AMMA raise fears over new greenfields test
Lawyers and resource employers have criticised the Federal Government's proposed requirement for employers' greenfields agreements to match the industry's “prevailing pay and conditions” as either too vague or risking a return to the IR system of 20 years ago. In submissions to the Senate inquiry into the Fair Work Amendment Bill 2014, ...
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FWC okays action against delegate over response to unjust discipline
Australia Post's disciplinary action against two postal workers for refusing to work overtime to meet a delivery target was not consistent with the disputes settlement clauses of their workplace agreement, the Fair Work Commission has found. However, the cmn found Post's transfer of a union delegate to another site because he unintentionally intimi...
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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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Editorial team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Journalist: Steve Andrew, Annie Lawson. Managing Editor: Peter Schwab. Product code: 314021719125. Twitter: @WorkforceTR
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$235k payout over pregnancy-related adverse action
The Federal Circuit Court has order a photography business and its two directors to pay a total $174,097 in compensation and $61,000 in penalties for adverse action leading to the constructive dismissal of a pregnant employee. The actions of the husband and wife team included “ganging up” with their son - another photographer - against ...
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COAG to defer state PPL difficulties
Federal and state governments have agreed that the details of the Coalition's paid parental leave (PPL) scheme's relationship to existing state public sector schemes will be finalised after the legislation is passed. The govts considered a funding model for states' and territories' financial contribution to the new national PPL scheme in today's Co...
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Greens push for portable LSL
The Greens will in the next parliamentary sitting propose a motion that parties commit to developing a national portable long service leave (LSL) entitlement for all working Australians. The scheme would allow employees to carry over accrued LSL from job to job and take it after 10 years employment in their industry. On May 1, the Greens' state and...
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Bench resolves bankruptee conflicts
In a ruling resolving conflicting decisions over undischarged bankrupts, a Fair Work Commission full bench has held they can pursue reinstatement, compensation and lost pay in unfair dismissal claims. The bench - Vice President Adam Hatcher, Deputy President Ingrid Asbury and Commissioner Chris Simpson - found such applications werenot a “cho...
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Commission of Audit recommends state minimum wages
The Commission of Audit (COA) report has recommended that the national minimum wage be abolished in favour of state minimums to account for their lower cost of living. It also recommended a slowing in the growth of the minimum wage. The COA report noted Australia's minimum wage was “high by international standards” at around $32,000 per...
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Lower PPL benefits: Cmn of Audit
The Commission of Audit (COA) has recommended lowering the cap of the government's paid parental leave (PPL) scheme by almost two thirds and to redirect the savings to child care. The COA stage one report noted the Abbott govt's proposed PPL scheme would increase the current entitlement of the minimum wage of $622 per week for 18 weeks to 26 weeks'...
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FWO in Commission of Audit sights
The Commission of Audit (COA) recommended the Fair Work Ombudsman (FWO) be amalgamated into the Commonwealth Ombudsman's office. The COA phase one report noted “the C'wealth has various ombudsman offices”, including the FWO. A “number of functions” of ombudsman offices “have already been consolidated into the C'wealth ...
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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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Unions urge Royal Cmn to cover Liberal Party-related slush funds
The Australian Council of Trade Unions (ACTU) has called on the Federal Government to urgently expand the Heydon Royal Commission's terms of references to include Liberal Party “slush funds” following allegations raised in the NSW Independent Commission Against Corruption (ICAC). The letter sent today by ACTU secretary Dave Oliver to Pr...
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Unions and employers at war over s457 labour market testing
The union movement supports skilled migration -but not at the expense of Australian jobs, the Aust Council of Trade Union (ACTU) has argued in a submission calling for further strengthening of s457 visa protections in the face of high unemployment. The ACTU's submission to the department of immigration's review into the integrity of the s457 progra...
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DP World wins EA provision battle; but will lose war: FWC
Managing absence can present a conundrum for employers. Where the problem becomes systemic, employers may look at the provision of medical certificates. Action taken by DP World Sydney over what it told the Fair Work Commission were “significant problems of absenteeism at Port Botany” has seen it win the battle over its medical certific...
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EAs approval quashed due to employer reps ‘lack of authority'
In a decision unions say will create “extraordinary” practical difficulties in bargaining, the Federal Court has overturned the approval of three private hospital enterprise agreements (EAs) after finding the corporate manager did not have the employer's authority to make them. That was despite the manager's lack of authority being unkn...
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