Teekay tugboat engineers at Port Hedland will decide from nextweek whether to revive their industrial campaign in support of enterprise bargaining demands, after a union blunder saw theoriginal start date for strike action scrapped due to it being out of time. The campaign was in tatters last week after it was revealed theadvertised start date for ...
Port Hedland marine engineers forced back to polls
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NT agreement to lower bar for migrant workers
WFD: The Northern Territory (NT) and Federal Government are about to make the first regional agreement to lower visa and employment requirements for semi-skilled migrant workers in sectors with labour shortages. Designated Area Migration Agreements (DAMAs), a Coalition initiative based on the previous Labor government's Regional Migration Agreement...
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$90k penalties for labour hire underpayment scheme
WFD: The Federal Court has fined a carwash company and two individuals a total of $90k for underpaying workers $177k by setting up a series of labour hire companies to disguise their true employer. The Fair Work Ombudsman (FWO) prosecuted Crystal Carwash Cafe, its director Anthony Sahade, manager Peter Khouri and 10 labour hire companies they set u...
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Unions NSW calls for FWC to enforce internship code of practice
WFD: A code of practice should be developed to fight intern exploitation, Unions NSW has told a state upper house inquiry into volunteering and unpaid work placements on August 11. Unions NSW secretary Mark Lennon spoke about Fairfax media reports that companies such as Australian Interns charge up to $2k to organise internships. Lennon said it was...
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FWO reveals unpaid intern compliance push
WFD: As the NSW parliamentary inquiry into unpaid work continues hearings this week ( below ), the Fair Work Ombudsman (FWO) has revealed details of compliance activity it has undertaken to crack down on the instances of internships being exploited for productive work. The FWO this week stated that unpaid internships should “constitute mainly...
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Robert McClelland returns to commercial employment law
WFD: Former Attorney General Robert McClelland has joined Carroll & O'Dea lawyers as a partner in its workplace solutions practice. McClelland was a partner at Turner Freeman solicitors before entering Federal Parliament in 1996 and serving as Attorney General from 2007 to 2011. In 2013, Workforce Daily associate news service Workforce NSW repo...
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Fed Govt disapproves of supplemental PPL schemes
WFD: The Federal Government has said it believes it is unfair and “inappropriate” that workers can top up the Commonwealth's paid parental leave (PPL) entitlements by accessing their own negotiated schemes. But while the govt plans to prevent public sector workers from “double dipping” under its proposed 26-week PPL scheme, ...
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Renewable energy options for EAs
WFD: Unions are pushing for enterprise agreement provisions that would allow employees to elect to use their annual wage increase to purchase solar energy units from a renewable energy cooperate. The not-for-profit Earthworker Cooperative, which has partnered with unions, small businesses and community groups, includes supporting green manufacturin...
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Lack of policy awareness renders dismissal unfair
WFD: The Fair Work Commission has reinstated a pair of Qantas flight attendants who charged both their cab-charge cards for shared trips because Qantas could not show they knew the practice was against its policy. Deputy President Jeff Lawrence found Qantas had no evidence the pair had acknowledged reading its cab-charge policy, highlighting the ne...
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FWO brings 'Australian-first' FWC order breach proceedings
WFD: The Fair Work Ombudsman (FWO) is suing a Melbourne gym and its director for allegedly ignoring a Fair Work Commission (FWC) order to compensate a young employee who was unfairly dismissed. The FWO has brought Federal Circuit Court proceedings against World Gym Sunshine (WGS) Pty Ltd and its sole director Wayne George Mailing. It is the first t...
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FWC suggests posthumous unfair dismissal claims not allowed
WFD: The Fair Work Commission (FWC) has rejected the unfair dismissal claim of a man who died after lodging his application, finding it had no reasonable prospect of success. Deputy President Val Gostencnik gave strong indications an unfair dismissal claim by a since-deceased applicant cannot succeed, although he did not decide the case on that poi...
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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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NTEU calls 24 hour UTS stop work
After 12 months of negotiations and the sacking of the National Tertiary Education Union (NTEU) University of Technology Sydney branch president Simon Wade, negotiations over academic staff workload and employment conditions have come to a head. NTEU members will stop work for 24 hours on August 20, protesting against casual staffing, fixed term co...
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Royal Commission to look at TWU factional incursions
The Heydon Royal Commission will shine a spotlight on the Transport Workers Union (TWU)'s use of slush funds to run factional campaigns to unseat union rivals next week, with senior TWU officials including national secretary Tony Sheldon being called on to give evidence. The witness list for next week's TWU and Shop Distributive and Allied Employee...
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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: 314021719275. Twitter: @WorkforceTR
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Bechtel EA voted up
At presstime, a slim majority of workers at the Curtis Island LNG projects have voted up Bechtel's proposed enterprise agreement offer despite Construction Forestry Mining Energy Union's industrial action over the past two weeks in favour of 3:1 rosters. About 54% of voters backed the three-year agreement, which only promised a switch to 3:1 roster...
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FWC leaves workers on award despite transfer EA better for most
The Fair Work Commission has rejected a grocery store owner's bid to move new employees onto a transferred business collective agreement, despite finding most would not be worse off compared to the award. The decision highlighted the protective function of the Fair Work Act s319 , with the rights of disadvantaged workers and the unlikely prospect o...
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High Court refuses CFMEU building code adverse action challenge
The High Court has refused the Construction Forestry Mining Energy Union (CFMEU) leave to appeal a decision which found following the Victorian building code did not constitute adverse action. The High Court's refusal to hear the case paves the way for the Vic, NSW and Queensland govts to regulate enterprise agreement (EA) content indirectly throug...
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Adverse action flagged for delegate suspended for talking to media
United Voice (UV) Queenslandhas called for the immediate reinstatement of a union delegate who was suspended from her job as prison guard for allegedly talking to the media about safety issues. UV prisons co-ordinator Michael Clifford told Workforce Daily the union would investigate the possibility of an adverse action claim against Arthur Gorrie C...
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Tas unions say protest laws unnecessary, undemocratic
Unions Tasmania has denounced a proposed anti-protest law as undemocratic and unnecessary on the basis of legal advice that conduct it seeks to criminalise is already prevented by other laws. The Bill would impose on-the-spot fines of up to $10,000 and mandatory three-month prison sentences for second offences for protestors who block or hinder bus...
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