WFD: The Heydon Royal Commission this week 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. The hearing will deal with matters associated with the Workplace Reform Association, a “relevant entity” under the cmn's terms of...
Royal Cmn hearing AWU matter
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ACTU wants Cole off wage panel
WFD: 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...
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Unions urge Royal Cmn cover Liberal Party-related slush funds
WFD: 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 ...
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Super funds may miss out if challenge not speedy: FSC
WFD: 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 ( ...
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Norm against FWC representation ‘not reality': DP Sams
WFD: 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 ...
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Preselections and the socialist objective on table for ALP reform
WFD: 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. The objective states Labor is “a democratic socialist party and ha...
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Court revokes reinstatement of sacked union delegate
WFD: The Fed Court has revoked its temporary reinstatement of a union delegate sacked for bullying, after hearing claims he further bullied two women at the heart of the original complaint after returning to his job ( WF19055 ). DP World in Melbourne sacked Mark Johnston over allegations he inducing a male employee to lie in the course of an intern...
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EA confidentiality clause BOOT ‘neutral' as detriment ‘unlikely': DP
WFD: 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 Queensla...
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Govt rules out minimum wage changes for now
WFD: 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 t...
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Court slaps ‘secondary boycott' injunction on CFMEU picket
WFD: 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 repeated...
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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 . HR Nicholls Conference: May 17, Brisbane. Speakers include Qld Attorney-General Jarrod Bleijie and former building roy...
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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: 314021719135. Twitter: @WorkforceTR
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High Court could revisit Barclay
The High Court will next week hear the Construction Forestry Mining Energy Union (CFMEU) mining division's bid to appeal a case that could re-agitate the Barclay v Bendigo TAFE precedent that gave employers a stronger defense in adverse action cases. The CFMEU is seeking special leave to appeal the Full Federal Court's BHP Coal adverse action decis...
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AMIEU to argue retrospective effect of decision quashing EA
The meat workers union has lodged a case in the Federal Circuit Court seeking backpay for Teys Beenleigh workers in Queensland by arguing an appeal decision that their enterprise agreement had been wrongly approved was retrospective. Therefore the workers should have been paid under their previous pay system for the time the EA was in operation. Th...
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Fair Work Act doesn't authorise discriminatory payments
The Fair Work Act does not authorise the allegedly discriminatory payment of higher entitlements to non-union workers, the Federal Court has held, as it rejected a strike-out application by Rio Tinto Coal. In 2012, the Construction Forestry Mining Energy Union (CFMEU) claimed Rio breached adverse action provisions by paying lower amounts for redund...
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FWC starts research for productivity clauses
The Fair Work Commission (FWC) has announced a new research project to identify clauses that “enhance productivity or innovation” in enterprise agreements (EAs). The qualitative productivity research is part of the second stage of the cmn's ‘Future Directions' change program announced by FWC president Justice Iain Ross yesterday (...
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IFAs could remove ‘fear factor' at Essential: FWC
The Fair Work Commission (FWC) has rejected Essential Energy's attempt to have middle managers removed from the scope of its proposed enterprise agreement (EA) and onto individual contracts. It found there was no conflict of interest in managers who implemented policy staying on collective agreements. But Senior Deputy President Jonathan Hamberger ...
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Dismissal ambush after injury ‘unjust'
The dismissal of an injured worker who could not perform inherent job requirements was nevertheless unfair because her employer led her to believe she would have more time to recover from surgery, the Fair Work Commission (FWC) has found. FWC found the employer “effectively implemented” the worker's termination “without advance wa...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Helen Jones. Twitter: @WorkforceTR
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Ludwig denies allegations put to Royal Cmn
The Heydon Royal Commission will sit again tomorrow afternoon (May 13) to hear ex-Australian Workers Union (AWU) official Ralph Blewitt being cross-examined. That's after Blewitt gave evidence today (May 12) in the cmn that he managed a secret slush fund under the instructions of then-AWU boss Bruce Wilson. Blewitt detailed how he was instructed by...
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