The Federal Government has been stung into action by criticism of the Commission of Audit (COA) recommendation to slow minimum wage growth, with an employment spokesperson ruling out recommendations which require changes to the Fair Work Act. Last week, the COA recommended 10 years of below-inflation minimum wage growth, until it shrank from the cu...
Govt rules out minimum wage changes for now
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Cmn stops industrial action after considering ‘real world' impact
The Transport Workers Union's (TWU) strategy to divide its notices of industrial action into three separate stoppages separated by one minute each did not avoid a five-day notice requirement, the Fair Work Commission (FWC) has found. Commissioner Peter Hampton also took into account the union's “vague and uncertain” description of its i...
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Preselections and the socialist objective on table for ALP reform
The Labor Party is using its time in opposition to examine major reform, with federal leader Bill Shorten moving to reduce unions' factional power over preselections and state leadership while treasury spokesperson Chris Bowen advocates abandoning the socialist objective. Bowen is set to renew his call to remove the socialist objective from the ALP...
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Norm against FWC representation ‘not reality': DP Sams
Deputy President Peter Sams has labelled the presumption against allowing parties representation in the Fair Work Commission (FWC) as “not the practical reality” in a decision boosting the professionalisation of hearings. The unnamed respondent in the unfair dismissal case sought permission to be represented under s596 of the Fair Work ...
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Min wage panel questions Federal Govt call for ‘wage flexibility'
The Fair Work Commission annual wage review panel has called on the Federal Government to expand on its proposal for “wage flexibility” when determining this year's minimum wage increase. The panel's 15 pages of questions to the parties published on Friday (May 1) ahead of consultation hearings on May 20 cited the Govt's submission urgi...
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ACTU wants audit cmr Cole off minimum wage panel
The Australian Council of Trade Unions (ACTU) has challenged annual wage review expert panel member Tony Cole to step down, citing apprehension of bias due to his place on the Commission of Audit (COA). ACTU assistant secretary Tim Lyons wrote to Cole on Tuesday (May 6) to “respectfully request” he disqualify himself on the grounds of a...
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Mutual trust did not protect officer from incompetence investigation
The Federal Court has found the implied term of mutual trust and confidence did not protect a ship's second officer from an “overzealous” investigation into her competence after she complained of sex discrimination. Farstad Shipping second officer Lisa Romero complained her ship's master Captain Cameron Martin sexually discriminated aga...
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Super funds may miss out if challenge not speedy: FSC
If the Federal Court doesn't urgently hear the Financial Services Council's (FSC) challenge of the superannuation default fund panel, funds that fail to make the default list may not be able to challenge the panel's decision, the council says. The FSC launched its challenge of the Fair Work Commission (FWC) expert panel's validity last week ( WF191...
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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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Scab poster adverse action due to erosion of ‘human dignity'
Distributing scab posters at work that “named and shamed” five dock workers has been found to be unlawful adverse action after a judge ruled the posters were “extreme”, defamatory and invited co-workers to treat the five as “devoid of human dignity”. Justice Antony Siopis found the Maritime Union of Australia's s...
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Royal Cmn to deal with AWU matter next week
At presstime, the Heydon Royal Commission announced it would hold its first substantial public hearing in Sydney on May 12 to deal with the Australian Workers Union's alleged slush fund from the early 1990s. Thehearing will deal with matters associated with the Workplace Reform Association, a “relevant entity” under the cmn's terms of r...
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IR a factor in labour immobility: Productivity Commission
Inflexibility of modern award wages and lack of portability for long service leave are among industrial relations settings stifling the geographic mobility of labour, according to a Productivity Commission (PC) report. The PC report released on Tuesday (May 6) trumpets geographic labour mobility - including moving for work, Fly-in Fly-out (FIFO) an...
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Dismissal ‘stigma' does not warrant injunction against termination
The Federal Court has refused an interlocutory injunction to restrain a salesperson's sacking, finding the “stigma” of dismissal was not sufficient to grant an injunction. Temando Pty Ltd gave notice of its intention to terminate salesperson Andrew Mastromanno's employment on April 1, 2014. It claimed he swore at colleagues and customer...
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EA confidentiality clause BOOT ‘neutral' as detriment ‘unlikely': DP
Fair Work Commission (FWC) Deputy President Peter Sams has found a confidentiality provision in a proposed enterprise agreement (EA) is a neutral factor unlikely to be relevant to the Better Off Overall Test (BOOT). The Transport Workers Union (TWU) had objected to the employee confidentiality provision in Surf City Coaches t/a Bus IT Queensland's ...
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Court slaps ‘secondary boycottt' injunction on CFMEU picket
The Federal Court has ordered union members protesting unpaid contracts not to obstruct access to a Sydney building site ahead of the employer's secondary boycott proceedings. Justice Geoffrey Flick found there was a “serious question to be tried” whether delivery of materials to the Ralan St Leonards Pty Ltd site had been repeatedly im...
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CFMEU boss faces court over alleged permit breach
Construction Forestry Mining Energy Union (CFMEU) national construction president David Hanna last year used a notice falsely stating he was a federal permit holder to enter a Darwin building site, Fair Work Building and Construction (FWBC) has claimed. FWBC is prosecuting the matter in the Federal Court, claiming Hanna allegedly signed, or authori...
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Unions and employers at war over s457 labour market testing
WFD: 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 p...
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Dismissal ‘stigma' does not warrant injunction against termination
WFD: The Federal Court has refused an interlocutory injunction to restrain a salesperson's sacking, finding the “stigma” of dismissal was not sufficient to grant an injunction. Temando Pty Ltd gave notice of its intention to terminate salesperson Andrew Mastromanno's employment on April 1, 2014. It claimed he swore at colleagues and cus...
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FWC on backdated sick certificates
WFD: 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 cer...
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Mutual trust did not protect officer from incompetence investigation
WFD: The Federal Court has found the implied term of mutual trust and confidence did not protect a ship's second officer from an “overzealous” investigation into her competence after she complained of sex discrimination. Farstad Shipping second officer Lisa Romero complained her ship's master Captain Cameron Martin sexually discriminate...
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