Construction Forestry Mining and Energy Union (CFMEU) WA construction division assistant secretary Joe McDonald says he will not back down from his “wages and safety” campaign at John Holland's New Children's Hospital project in Western Australia, despite facing a second prosecution over the matter. On May 9, Fair Work Building and Cons...
FWBC targets community protest
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FWC backs monthly visits in first frequency of entry dispute
WFD : The Fair Work Commission (FWC) has handed down its first decision on the Fair Work Act's new frequency-of-entry provisions since they were enacted earlier this year. Dealing with a dispute under s505 and s505A , Commissioner John Lewin recommended the Australian Meat Industry Employees Union (AMIEU) visit Queensland abattoir Greenmountain Foo...
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FWC ignores outcomes of shielded investigation in bullying decision
WFD : The Fair Work Commission (FWC) has held an employer's decision to conduct an external investigation into employee complaints and not disclose the full report or evidence due to “legal privilege” is reasonable management action. However, it has refused to give weight to the investigation's outcomes because it was not fully disclose...
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Dismissal ambush after injury ‘unjust'
WFD : 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 also found the employer “effectively implemented” the worker's termination “without...
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Qld doctors vote up new contracts
WFD : A ballot of Queensland doctors has cautiously approved individual contracts, after significant Qld Health concessions helped secure a settlement. The ballot result organised by Together Union and the Australian Salaried Medical Officer Federation (ASMOF) was 53% in favour of the contracts, 34% opposed and 13% unsure or abstained. When ASMOF n...
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Fit and proper to conduct ballot requires proof: FWC
WFD : An application for an agent other than the Australian Electoral Commission (AEC) to conduct protected action ballots requires proof they are a fit and proper person - similar to the test for right-of-entry (ROE) permits - the Fair Work Commission (FWC) has warned. The National Tertiary Education Union (NTEU) applied for a protected action bal...
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IFAs could remove ‘fear factor' at Essential: FWC
WFD : 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 Hamb...
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Bench cuts Sunday penalty rates for ‘overcompensated' casuals
WFD : A senior Fair Work Commission full bench majority has moved to cut Sunday rates by about $4 an hour for lower level casual employees in the restaurant industry. That was after it found their high loaded rates were no longer a “fair and relevant” safety net as per the modern award objective. The bench - Vice Presidents Adam Hatcher...
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SDA says retail different as concern Sunday rate cuts will spread
The head of the retail workers union has argued this week's Fair Work Commission (FWC) decision cutting Sunday penalty rates for low-skilled casuals in the restaurant industry could not apply to the retail industry due to its engagement of higher skilled workers on weekends. Shop Distributive and Allied Employees (SDA) secretary Joe deBruyn's comme...
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Qld court has beef with restraint
The Queensland District Court has found a post-employment restraint unenforceable because it was uncertain which entities and relationships it protected from competition and restrained business activities far beyond an employee's duties. Antony John Gooden worked for Elders Rural Services Australia for more than 25 years, reaching the position of s...
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Damages for serving solicited client
The South Australian District Court has ordered as-yet unquantified damages against a recruitment company manager who provided his own business services to his employer's clients. The manager did so during his employment and a six-month post-employment restraint period. Mr Constable was the Qld regional manager of RNTT Pty Ltd, an Adelaide-based la...
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Suggesting media exposure ‘valid' reason for dismissal
Two Fair Work Commission members have separately found employees were validly dismissed for seeking to leak complaints to the media - after finding such disclosures damaged their employers' reputation and undermined trust in their employment relationships. In the most recent case, an aged care home's casual worker allegedly told a resident “y...
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No proof redundancy part of parent company battle: FWC
The Fair Work Commission has rejected a media manager's unfair dismissal application in which he claimed his redundancy was not genuine due to payback for a dispute between his father and a co-owner of his employer's parent company. Business development director Harsha Aggarwal worked in Australia for Indian television distributor Vision Asia Pty L...
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Probity complaints protected
WFD : The Federal Court has found making probity complaints that could prejudice a worker's employment if not reported is a protected workplace right - but ultimately dismissed an adverse action case after finding a complainant was dismissed for performance issues. Melinda Walsh began employment at Greater Metropolitan Cemeteries Trust (GMCT) on Se...
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CFMEU opposes non-union Collinsville EA
WFD : The Construction Forestry Mining Energy Union (CFMEU) is seeking to stop the approval of Glencore Xstrata's new agreement for its reopened Collinsville Coal mine, arguing it should have been included as a bargaining representative. In July last year, Glencore Xstrata gave notice it would terminate its contract with Thiess at the north Queensl...
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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: Helen Jones. Product code: 314021719145. Twitter: @WorkforceTR
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Diary
HR Nicholls Conference: May 16, Brisbane. Speakers include former building royal commissioner Roger Gyles. More info here : NSW IR Society Conference: May 23 to May 25, Leura. Speakers include University of Adelaide Law Professor Andrew Stewart. More info here . AMMA Australian Resource People Summit: May 29 and May 30, Perth. More info here . Adva...
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FWC stops Tidewater strike
WFD: Fair Work Commissioner Danny Cloghan granted an interim order on May 26 to stop the Maritime Union of Australia's (MUA) threatened strike at Tidewater Marine as he prepared to again hear claims the union was not genuinely trying to reach agreement (WF19155) . Under Fair Work Act s420(2) the FWC is obliged to issue an interim order if it is una...
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CFMEU organiser hit with coercion claim over Boral blockade
WFD: The Fair Work Building and Construction Commission (FWBC) has lodged a coercion claim against Construction Forestry Mining and Energy Union (CFMEU) organiser Joseph Myles over his alleged 2013 blockade of a John Holland (JH) building site at Footscray in Melbourne. FWBC said Myles allegedly threatened “war” on the Regional Rail Lin...
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No hope for bullying applicant sacked after lodging his claim
WFD: The Fair Work Commission has thrown out an anti-bullying application of an ANZ employee who was fired while the cmn was dealing with his claim. Deputy President Val Gostencnik found such applications have no reasonable prospect of success because the cmn can only make orders to stop bullying if the applicant “continued” to be at ri...
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