Maritime Union of Australia v FWC and others Decision Reviewed: The MUA is appealing a FWC decision denying WA assistant secretary Will Tracey a right of entry permit because he was not a “fit and proper person” under the Act ( WF18961 ) . Issues: Issues could include what is a “fit and proper” person and whether the cmn sho...
Court challenges and appeals
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No transfer of business leaves Thai worker unpaid for work
The Fair Work Commission has rejected a Thai-based business development manager's unfair dismissal claim because the company she named as a respondent never formally took over her employer following its bankruptcy. The decision left the Thai worker $4,099 out of pocket for entitlements owed by her now-insolvent employer after she rejected a $409 se...
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Labor claims government backdown on cleaner pay
Labor claims government backdown on cleaner pay The Federal Government has agreed to Labor amendments to prevent a cut to minimum wages of Commonwealth cleaners, according to shadow finance minister Tony Burke and shadow workplace relations minister Brendan O'Connor. At presstime, Burke and O'Connor issued a statement the govt had “backed dow...
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Tasmanian ‘workplace protection' laws could affect IR protests
At presstime, the Tasmanian Lower House was debating new anti-protest laws that impose on-the-spot fines of up to $10,000 and mandatory three-month prison sentences for second offences for protestors who block or inhibit a business. The Workplaces (Protection from Protesters) Bill 2014 put forward by the conservative government has been welcomed by...
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Roy Morgan company fined $313k for ‘deliberate' sham contracting
The Federal Circuit Court has imposed a combined penalty of $313,500 on building company Linkhill Pty Ltd - part of the Roy Morgan Group (RMG) - for 10 sham contracting breaches and failure to pay entitlements between 2007 and 2010. The breaches were the result of a “deliberate” and “reckless” strategy by senior management t...
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Tasmanian ‘workplace protection' laws could affect IR protests
WFD: The Tasmanian lower house was on June 26 debating new anti-protest laws that impose on-the-spot fines of up to $10,000 and mandatory three-month prison sentences for second offences for protestors who block or inhibit a business. The Workplaces (Protection from Protesters) Bill 2014 put forward by the conservative government has been welcomed ...
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Penalty privilege defence does not help CFMEU
WFD: The Federal Court has rejected the Construction Forestry Mining Energy Union (CFMEU)'s claim it could not plead over alleged right of entry breaches by two officials because the two were claiming a form of the common law right against self-incrimination. The Fair Work Building and Construction Commission has accused the CFMEU and two of its Qu...
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Court challenges and appeals
Maritime Union of Australia v FWC and others Decision Reviewed: The MUA is appealing a FWC decision denying WA assistant secretary Will Tracey a right of entry permit because he was not a “fit and proper person” under the Act ( WF18961 ) . Issues: Issues could include what is a “fit and proper” person and whether the cmn sho...
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CEPU demands consultation over Aust Post corporate plan
WFD: The Communications Electrical Plumbing Union (CEPU) communications division's national branch has filed a dispute in the Fair Work Commission against Australia Post, alleging it has breached its consultation obligations by not providing detail over proposed workplace changes. The CEPU said it had held two meetings with Post but claimed Post ha...
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Judge knocks back retailer bid to delay junior rates decision
WFD: Retailers have failed to stay a Fair Work Commission (FWC) order that 20-year-old employees be paid adult rates after a Federal Court found the increase would have little impact on employers. Justice Berna Collier said the wage increase would be of “some importance” to low-paid retail workers but would represent only 0.0065% of the...
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Super board fee brawl tests power of CEPU national branch
WFD: An attempt by Communications Electrical Plumbing Union (CEPU) communications divisional president Len Cooper to recover board fees from NSW postal and communications divisional secretary Jim Metcher is set to test the independence of the amalgamated unions' separate divisions. Metcher was the Australian Council of Trade Unions (ACTU) nominated...
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Royal Cmn targets TWU super fund and ‘conflicts of interest'
WFD: The Royal Commission into trade union corruption has expanded its inquiry into union superannuation funds and remuneration arrangements as it accused the Transport Workers Union (TWU) of robbing Toll Holdings Pty Ltd workers of their right to choose their own super fund. Delivering his opening statement for the TWU inquiry in Perth on Monday (...
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ACTU boycotts Royal Cmn union policy review
WFD: The Australian Council of Trade Unions (ACTU) has refused to take part in the Royal Commission's policy review of union governance, accusing the cmn of coming to a “predetermined view” on the issues. The review is happening alongside the cmn's investigation of specific union governance and corruption issues. In a June 23 letter , A...
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No discrimination in redundancy while on maternity leave
WFD: The Federal Court has rejected a manager's claim that she was unlawfully discriminated against when her employer made her position redundant while she was on maternity leave. Justice Richard White said while Service to Youth Council (SYC) marketing manager Sarah Poppy's absence on maternity leave had led the not-for-profit to realise it could ...
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FWC cautious over finding discretionary bonus is bullying
WFD: In a win for employers, the Fair Work Commission has rejected an employee's bid to have a range of management actions related to his performance and skill level labeled as bullying. Commissioner Danny Cloghan also warned employees that, just because they claim management action is bullying, that does not entitle them to behave in any way they ...
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NAB workers vote up new EA
National Australia Bank employees have endorsed a union-negotiated agreement providing the bank's 29,000 workers with a 4%-a-year pay increase. The two-year agreement will now go to Fair Work Australia for approval (WF19185) . Finance Sector Union national secretary Leon Carter said the deal's main features included abolishing NAB's use of a “...
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‘Artificial' distinctions shouldn't cruel adverse action: CFMEU
WFD: The Construction Forestry Mining Energy Union (CFMEU) has argued BHP Coal's purported reason for sacking a member protesting with a “scab sign” was “artificial and impermissible”, allowing it to escape liability for adverse action. The comments were part of the union's submissions in its High Court appeal of the Full Fe...
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AiG pushes pattern bargaining ban
Australian Industry Group has called on the boundaries between competition and industrial laws to be re-drawn as part of its submission to the Federal Government's competition review. The submission argues that the Fair Work Act allows anti-competitive practices and should not be governing relations between businesses. It argues certain anti-compet...
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FWC brings in lawyers to help with bullying claim
Lawyers have been allowed to argue jurisdictional objections to a worker's bullying complaint in what is understood to be the first Fair Work Commission (FWC) ruling dealing with the issue. Deputy President John Kovacic took into account the complexity of the issues involved and the relatively new nature of the anti-bullying regime in deciding to g...
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Abetz kills false dawn on cleaner pay
Employment minister Eric Abetz has revoked guidelines which granted above-award pay to Commonwealth cleaners on the same day as the Coalition agreed to Labor amendments which appeared to save the scheme. Yesterday (June 26) the Federal Government agreed to Labor amendments to the Public Governance, Performance and Accountability (Consequential and ...
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