This morning, a Full Federal Court upheld Toyota's appeal of Justice Mordy Bromberg's decision that its “no extra claims” clause was invalid to the extent it prevented Toyota from putting its substantial proposals for agreement variation to its employees for a vote (WF19025) . However, the Full Court dismissed Toyota's arguments the com...
Toyota win over ‘restrictive' no extra claims clause
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Comrade Muir: unions quick to declare senator one of their own
Revelations Ricky Muir was a Construction Forestry Mining Energy Union (CFMEU) shop-steward have seen union leaders declare Ricky as one of their own. Muir was a CFMEU shop-steward in the forestry division when he worked at Gunns' Heyfield saw mill in Gippsland, Victoria. Gunns sold the mill to Hermal Group in 2012. On July 11, 2014, CFMEU forestry...
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‘Paralysing' tax dispute suggests other reason for Lis-Con ‘freeze out'
The Trade Union Royal Commission's portrayal of construction company Lis-Con as having been driven out of Queensland after 2011 by a Construction Forestry Mining Energy Union campaign appears to have ignored a billion dollar payroll tax dispute between the company and the Qld Government from 2011 to 2012 ( WF19232 ) . On Tuesday (July 15), counsel ...
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AMWU members locked out in NSW
Some 24 level four machine operators walked out of the Wetherill Hill Ausreo site nearly four weeks ago after negotiations over a pay rise and working conditions fell apart. Australian Manufacturing Workers' Union (AMWU) delegate Dennis Ngo told Unions NSW the company had responded with a lockout. Ngo said talks had stalled over matching Ausreo's V...
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SDA bid to ban topless service off to modern award review
The Shop Distributive and Allied Employees Assoc (SDA) has won the appeal round in its bid to have a ban imposed on employers requiring employees to wear indecent or revealing dress included in the Hair and Beauty Award. A Fair Work Commission full bench has set aside the part of Cmr John Lewin's decision rejecting the SDA's application for the awa...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Correction
Workforce 's article ‘Paralysing' tax dispute suggests other reason for Lis-Con ‘freeze-out' mistakenly referred to the dispute as over a $5.2 billion tax assessment not a $5.2 million assessment, as correctly reported in Tuesday's story on the matter ( WF19232 ) .
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Toyota Full Court opens up employer right to seek variations
The Full Federal Court has ruled ‘no extra claims' clauses cannot restrict an employer's right to propose enterprise agreement (EA) variations to its employees for a vote (WF19025) (WF19165) ( WF19165 ) . The appeal has opened the way for employers to directly seek variations to help implement restructures due to changing market circumstances...
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No de-identification for mere embarrassment
The Fair Work Commission (FWC) has rejected a bid to have parties to a bullying complaint de-identified, finding the employer's desire not to expose its performance management to scrutiny was not enough to defeat the interests of open justice. The case confirmed that despite most parties to bullying cases agreeing on anonymity, FWC will not automat...
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Possible Full Court referral flagged in Pykett appeal
The Full Federal Court could consider the Fair Work Act's provisions on redeployment in redundancy cases and whether reinstatement orders in such matters apply to state governments. In a directions hearing today, parties in Technical and Further Education Commission v Pykett (WF19235) notified Justice Nye Perram that he may have to give active cons...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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ACTU approves industrial toolkit to fight budget
The Australian Council of Trade Unions (ACTU) executive has today endorsed enterprise bargaining claims to counteract social welfare cuts in the federal budget. The ‘Industrial Responses to the Budget 2014-15' paper , seen by Workforce Daily , “sets out some options that unions may wish to pursue in bargaining in an effort to partially ...
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Full court rejects Australia Post porn sacking appeal
The Full Federal Court has rejected an Australia Post appeal against a Fair Work Commission (FWC) decision to reinstate two workers sacked for sending pornography by work emails. But it has upheld the appeal with respect to a third worker because the “public interest” identified by the FWC full bench to allow the appeal did not cover hi...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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FWC lets ‘Big Brother' into Toll cabins
The Fair Work Commission has overruled Transport Workers' Union (TWU) objections to a workplace surveillance system that records audio and visuals in drivers' cabins, accepting that it helps improve safety. Commissioner David Gregory dismissed TWU complaints about privacy, finding nothing prevented two Toll Holdings subsidiaries from introducing th...
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Lend Lease alleges CFMEU campaign over Qld RoE laws
Construction unions in Queensland are conducting a coordinated campaign against the state's new right of entry laws, according to evidence provided to the Fair Work Commission (FWC). Senior Deputy President Peter Richards heard the evidence in Lend Lease's claim that the Construction Forestry Mining Energy Union (CFMEU) was organising unprotected i...
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Broad FWC approach means legal representation no longer exception
Two Fair Work Commission (FWC) members have adopted a broad interpretation of the Fair Work Act's legal representation requirements, defining the test for “effective” representation as the ability to create a “striking impression” or have a “powerful effect”. The novel interpretation opens up the traditionally in...
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FWC upholds Qantas sacking for tarmac dash
The Fair Work Commission has found Qantas fairly dismissed a driver who drove a vehicle in front of an approaching aeroplane, endangering colleagues around the aircraft. Commissioner Bernie Riordan said he might have been able to overlook the incident but for the employee's safety record and previous warnings on the matter. Joao Gomes drove a tug t...
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FWC halts industrial action at Port Phillip jail
The Fair Work Commission (FWC) has issued an interim order suspending industrial action at Port Phillip jail in Victoria, while it considers an application by employer G4S Custodial Services claiming the action posed a safety risk ( WF19205 ). Custodial officers at the jail have been embroiled in month-long industrial action over enterprise bargain...
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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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