The Federal Circuit Court (FCC) has found federal courts have inherent jurisdiction to order costs against negligent lawyers, and do not have to apply Fair Work Act (FW Act) costs provisions when they exercise it. The inherent power - sourced from the Commonwealth Constitution - indicates the breadth of discretion courts have in regulating lawyers'...
Fair Work costs shield doesn't protect negligent lawyers: court
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CFMEU organiser wins conditional entry permit despite breaches
A Queensland branch organiser's “demonstrable lack of regard for industrial legislation” nevertheless didn't warrant refusal of his application for a right-of-entry permit, the Fair Work Commission (FWC) has found. Fair Work Building and Construction opposed Construction Forestry Mining Energy Union (Qld) organiser Andrew Temoho's appli...
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Toll unleashed TWU on competitors
Toll Holdings made contributions of up to $150k a year to a Transport Workers Union (TWU) company in return for promises the union would conduct compliance audits of its competitors, the Trade Union Royal Commission has heard. On July 2, Toll Holdings' senior workplace relations counsel Damian Sloan told the Royal Commission that in bargaining for ...
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FWC restricts unjustified length of industrial action stop order
A Fair Work Commission (FWC) full bench has overturned a six-month stop industrial action order after ruling setting duration is not a matter of the cmn's discretion but must be directed to stopping the specific industrial action involved. The decision raises the bar for employers gaining broad “precautionary” stop orders that do not ha...
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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. Twitter: @WorkforceTR
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TWUSuper paid union officials salaries for little work
The Transport Workers Union (TWU) charged its industry super fund about $90,000 to reimburse the salary of one of its senior officials for only a few days work as a superannuation liaison officer (SLO), the Royal Commission heard yesterday (July 2). The cmn continued its hearings into the TWU and its relationship with TWUSuper, which the union esta...
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CFMEU organiser wins conditional entry permit despite breaches
WFD: A Queensland branch organiser's “demonstrable lack of regard for industrial legislation” nevertheless didn't warrant refusal of his application for a right-of-entry permit, the Fair Work Commission (FWC) has found. Fair Work Building and Construction opposed Construction Forestry Mining Energy Union (Qld) organiser Andrew Temoho's ...
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Fair Work costs shield doesn't protect negligent lawyers: court
WFD: The Federal Circuit Court (FCC) has found federal courts have inherent jurisdiction to order costs against negligent lawyers, and do not have to apply Fair Work Act (FW Act) costs provisions when they exercise it. The inherent power - sourced from the Commonwealth Constitution - indicates the breadth of discretion courts have in regulating law...
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CFMEU brings Collinsville EA ‘test case' to full bench
WFD: The Construction ForestryMining Energy Union (CFMEU) has lodged a “test case” against what it says is an emerging employer tactic in the coal industry, where non-union enterprise agreements (EAs) are negotiated with a handful of employees but apply to a broad range of classifications. The CFMEU has appealed to a Fair Work Commissio...
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Abetz expands scope for third parties to kill protected action
WFD: Employers, third parties and the Western Australian (WA) employment minister will all have increased powers to apply to suspend or terminate industrial action under a new regulation made by federal employment minister Senator Eric Abetz. The governor-general in council made Abetz's Fair Work Amendment (Protected Industrial Action) Regulation 2...
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Early start at old site kills greenfields agreement
WFD: A Fair Work Commission full bench has upheld rejection of a greenfields agreement because six workers had already started work at another of the employer's sites before the agreement was concluded. On December 3, 2013, Tutt Bryant Group Ltd (TBG) concluded a greenfields agreement with the Australian Workers Union and Australian Manufacturing W...
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Managers seek scope to get on EA
WFD: The Fair Work Commission (FWC) has allowed two managers to apply for scope orders despite not being covered by the enterprise agreement (EA) proposed by their employer. The decision confirmed that for the purpose of seeking a scope order an employee need only be covered by a proposed EA, not just the specific EA proposed by their employer. GWA...
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Bench split on conflict of interest
WFD: A Fair Work Commission (FWC) full bench majority has rejected an employer's unfair dismissal appeal, finding its employee was not in conflict with her employment obligations by selling a competitor's product as an independent contractor. The decision highlighted that it was not enough for an employer to believe an employee was “in compet...
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Howes bows out, Scott McDine new AWU secretary
WFD: Australian Workers Union (AWU) national secretary Paul Howes has officially stepped down, with the AWU national executive unanimously elevating assistant national secretary Scott McDine as his successor. Howes, who has served as national secretary since 2007, announced his resignation in March this year ( WF19085 ). Howes has not elaborated fu...
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Minor party senator against ‘anti-liberal' reverse onus in ABCC Bill
WFD: Liberal Democratic Party (LDP) Senator David Leyonhjelm has told Workforce Daily he backs the Coalition's Bill to restore the Australian Building and Construction Commission (ABCC) but has flagged concerns over its reverse onus of proof. Leyonhjelm is one of several new minor party Senators whose terms began on July 1 and now hold the balance ...
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FWC restricts unjustified length of industrial action stop order
WFD: A Fair Work Commission (FWC) full bench has overturned a six-month stop industrial action order after ruling setting duration is not a matter of the cmn's discretion but must be directed to stopping the specific industrial action involved. The decision raises the bar for employers gaining broad “precautionary” stop orders that do n...
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FWBC takes workers to court over rally strike
WFD: The Construction Forestry Mining Energy Union (CFMEU) has warned that legal action against 76 individual workers for stopping work to take part in a mass rally over the use of temporary overseas labour could be setting an Australian precedent. The Fair Work Building and Construction (FWBC) is prosecuting the Crown Construction workers for unpr...
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HSU reverts to rules favouring incumbents ahead of elections
WFD: A challenger for the Health Services Union (HSU) NSW secretary position has decried the union's return to above-the-line voting, which the Trade Union Royal Commission heard helped entrench corrupt former secretary Michael Williamson. On Friday (June 27), the Fair Work Commission (FWC) kicked off the process for elections at the HSU state bran...
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No EA vote till workers have 7-calendar-day access: FWC
WFD: The Fair Work Commission (FWC) has rejected an application to approve an enterprise agreement (EA) which was voted up precisely seven periods of 24 hours after notification. Senior Deputy President Anne Harrison held that only whole days count towards the access period and the period therefore begins the calendar day after notification, and no...
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Accumulated leave ‘unhealthy'
Employers who allow workers to accumulate leave balances past six weeks risk significant cash flow problems, a new report claims. Prepared by PricewaterhouseCoopers (PwC) for the Australian Chamber of Commerce and Industry and Australian Industry Group to support its case modern awards should allow employers to direct employees to take excessive le...
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