The Financial Services Council (FSC) has released a report claiming the Fair Work Commission's (FWC) default super fund review structurally advantages industry super funds and could cost up to $400m if allowed to proceed. The report by Rafe Consulting models the impact of Fair Work Act changes which instituted the default fund review process. It is...
FSC claims super shakeup will cost workers and employers
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Tas push for wage freeze and caps
In what the Community Public Sector Union (CPSU) is calling the “next step” in conservative state governments undermining public sector bargaining rights, the Tasmanian Government is seeking to scrap this year's agreed wage increases and prevent future ones being negotiated above 2%. Premier Will Hodgman confirmed on Tuesday (July 22) t...
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Full court rejects Australia Post porn sacking appeal
WFD: 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 cov...
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No de-identification for mere embarrassment
WFD: 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 au...
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FWC lets ‘Big Brother' into Toll cabins
WFD: 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 introduci...
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Possible Full Court referral flagged in Pykett appeal
WFD: 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...
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Toyota Full Court opens up employer right to seek variations
WFD: 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 circumstanc...
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SDA bid to ban topless service off to modern award review
WFD: 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 th...
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Royal Cmn issues paper on ‘relevant entities'
The Royal Commission into Trade Union Governance and Corruption has released for comment an issues paper focusing on ‘relevant entities', as part of its investigation into alleged union corruption. Relevant entities are understood to include union super funds, training organisations and so-called “slush funds”. It is the fourth is...
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Broad FWC approach means legal representation no longer exception
WFD: 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 traditional...
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FWC upholds Qantas sacking for tarmac dash
WFD: 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 ...
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FSC claims super shakeup will cost workers and employers
WFD: The Financial Services Council (FSC) has released a report claiming the Fair Work Commission's (FWC) default super fund review structurally advantages industry super funds and could cost up to $400m if allowed to proceed. The report by Rafe Consulting models the impact of Fair Work Act changes which instituted the default fund review process. ...
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Tas push for wage freeze and caps
WFD: In what the Community Public Sector Union (CPSU) is calling the “next step” in conservative state governments undermining public sector bargaining rights, the Tasmanian Government is seeking to scrap this year's agreed wage increases and prevent future ones being negotiated above 2%. Premier Will Hodgman confirmed on Tuesday (July ...
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Correction
Workforce 's article ‘Paralysing' tax dispute suggests other reason for Lis-Con ‘freeze-out' last week 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 (July 15) story 'Lis-Con directors associated with unpaid taxes via failed companies' on the mat...
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Diary
Workplace Research Centre Labour Law Conference: August 25, Sydney. More info here . Regulation and Control of Labour Organisations lecture series: August 23, 30, September 6, 13, UNSW Faculty of Law.
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EO practices more common where unions given a voice: survey
Employers that consult or negotiate with unions are more likely to adopt equal opportunity and family-friendly practices, new research suggests. The analysis of a survey of 2,295 UK workplaces by Professor Kim Hoque of Warwick Business School and Nicolas Bacon of Cass Business School found EO practices were more prevalent where unions were given a ...
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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. Product code: 314021719245. Twitter: @WorkforceTR
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CFMEU fails to delay Grocon coercion hearing
The Federal Court has refused the Construction Forestry Mining Energy Union (CFMEU)'s attempt to delay a prosecution for alleged coercion over its 2012 Grocon blockade, finding related criminal contempt proceedings were no reason to delay. The CFMEU argued the Fair Work Building and Construction (FWBC) prosecution for alleged coercion by blockading...
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FWBC launches third case against individual workers for striking
The Fair Work Building and Construction Commission (FWBC) is prosecuting 23 employees for allegedly taking unlawful industrial action over an afternoon at the Royal Adelaide Hospital site. FWBC alleges that on June 25, 2013, 12 Hansen Yuncken employees and 11 Leighton Contractors employees left work or refused to attend or do work at the site in th...
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FW Act does not apply to overseas-based crew used by Jetstar
The Fair Work Ombudsman (FWO) has lost its claim that Jetstar and two labour hire companies were underpaying Thai and Singapore-based flight attendants by using them on domestic flights. Federal Court Justice John Buchanan found the Fair Work Act (FW Act) did not apply to the overseas-based workers because they were not national system employees. H...
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