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CFMEU facing contempt of court charges over safety rep blockade

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The Fair Work Building and Construction Commission (FWBC) has launched contempt of court charges and adverse action claims against the Construction Forestry Mining Energy Union (CFMEU) for blockading a wind farm site at Victoria. The CFMEU allegedly blocked the Bald Hills Wind Farm site in March and April this year, demanding the reinstatement of i...

Judge backs ‘greater' coverage of FW Act cost shield

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Federal Court Justice Richard White has held the Fair Work Act (FW Act)'s cost shield extends over an entire proceeding even if it includes matters under other legislation. Justice White was considering Service to Youth Council's case that ex-employee Arvina Stanley's claims under the Sex Discrimination Act were not covered by the FW Act's s570 cos...

Recruitment drive for expert panel

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The federal employment department is on the hunt for a new Fair Work Commission (FWC) expert panel member, inviting applications by July 25. On June 10 FWC President Justice Iain Ross suspended the superannuation default fund review ( WF19185 ) after the Federal Court found the panel was invalidly constituted ( WF19185 ). He said the review would c...

No costs in failed bullying claim

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The Fair Work Commission has rejected a costs application by the Western Australian education department against a teacher who unsuccessfully claimed for bullying after considering that the anti-bullying regime was still in its early stages. The cmn noted the novelty of the bullying jurisdiction was one reason the applicant wasn't to know schools r...

Refusal to employ needs vacancy

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The Federal Court has thrown out a delivery driver's appeal in a long-running adverse action saga. The court found Australian Postal Corporation (Post) could not have refused to re-employ the driver because of his previous legal action against it since no vacancy existed for him to fill. The decision highlighted that a vacancy is a pre-requisite in...

No interim injunction to restrain dentist

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The Victorian Supreme Court has refused to grant an interim injunction restraining an independent contractor from setting up her own dental practice because the contractor denied she had orally agreed to the restraints. The case reinforced the general presumptions against allowing restraints of trade in the employment context and at the interlocuto...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

NSW Govt disobeys FWC orders

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In a serious offence that attracts 12 months imprisonment, a Federal Court judge has said a NSW Government party appears to have deliberately disobeyed a Fair Work Commission (FWC) order that it reinstate one of its employees after the cmn found her position was not genuinely redundant. TAFE NSW had been seeking a stay of Commissioner Donna McKenna...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

FW Act must make way for building codes: PC report

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The Fair Work Act (FW Act) may have to be amended to allow building codes which regulate enterprise agreement (EA) content without falling foul of adverse action provisions, according to a Productivity Commission (PC) infrastructure report. The final PC Public Infrastructure Inquiry Report was released yesterday (July 14). On IR, it largely repeats...

Strikes don't make employees protected species: BHP

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If an employer can't punish an employee on strike for holding a ‘scab' sign then adverse action provisions could provide a shield to all manner of misconduct - even racist speech - according to BHP submissions in a High Court case. The Construction Forestry Mining Energy Union (CFMEU) has launched a High Court appeal of the Full Federal Court...

CFMEU Lis-Con campaign another Boral: Royal Cmn

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The Royal Commission into Trade Union Corruption has compared the Construction Forestry Mining Energy Unon (CFMEU)'s industrial campaign against national construction company Lis-Con to its alleged black ban on Boral, claiming that “anything goes” when the CFMEU goes to “war”. Counsel assisting Jeremy Stoljar SC's opening ad...

Lis-Con directors associated with unpaid taxes via failed companies

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Lis-Con director Eoin O'Neill and owner William Dolan have been associated with other companies that have folded with unpaid liabilities, according to a Queensland Supreme Court case. Until June 6, 2010, O'Neill was a director of Glenmore Building and Industrial Services Pty Ltd. The company went into voluntary liquidation on July 3, 2009 owing $65...

FWC allows CFMEU adverse action claim for 60 workers

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The Fair Work Commission (FWC) has ruled a single adverse action claim relating to dismissal can be made on behalf of multiple employees, upholding a broad interpretation of the provision. Deputy President Ingrid Asbury reached her conclusion in rejecting Anglo Coal (Dawson Services)'s objection to a Construction Forestry Mining Energy Union (CFMEU...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Greens and Labor try to close Fair Work loophole for offshore industry

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The Greens will today move a Senate disallowance motion with Labor support to prevent the use of a visa category that allows foreign crews to be paid below Australian minimum rates on ships in the offshore oil and gas industry. In 2013, the Labor government passed the Migration Amendment (Offshore Resources Activity) Activity (ORA) Act which extend...

MBA sets out new fit and proper person test for Royal Cmn

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The Master Builders Association (MBA) is pushing for new laws that would exclude from being union officials people who have certain criminal or civil convictions, according to its submission to the Heydon Royal Commission. The MBA's submission was in response to the cmn's issues paper “Duties of Union Officials”. Its central recommendat...

Motley crew pull-off offshore visa mutiny

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Regulation allowing foreign workers on offshore oil and gas ships to work on a visa undercutting Australian minimum conditions has been disallowed by a combination of the Greens, Labor, and five crossbenchers including the three Palmer United Party (PUP) senators. The motion disallowing the Migration Amendment (Offshore Resources Activity) Regulati...

Focus turns to campaigning as young blood leads Vic Trades Hall

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Leadership at Victoria Trades Hall Council (VTHC) is changing with industrial and campaigns officer Luke Hilakari set to take over from secretary Brian Boyd next week. Hilakari will become acting secretary on Monday (July 21), and formally assume the secretary role in November. Hilakari is aged 33, making him one of the youngest people to head a st...

Smoko worker sacked on emission and admission

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The Fair Work Commission has rejected the unfair dismissal application of a worker sacked for smoking in the workplace because he had admitted smoking when confronted by his employer. Deputy President Val Gostencnik's decision demonstrated that a small business employer's reasonable belief in its right to summarily dismiss is sufficient, even if th...
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