WFD: The Shop Distributive and Allied Employees (SDA) chose shop stewards based on their sexuality, religion and political views on issues such as gay marriage, abortion and euthanasia, a former organiser has told the Trade Union Royal Commission. The Royal Cmn continued in Sydney on Monday (August 18) with a hearing into the SDA Qld branch. What c...
SDA discriminated on religion and sexuality, Royal Cmn hears
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Miner busts CFMEU from mine
WFD: Glencore Xstrata's 12-month strategy to remove the influence of the Construction Forestry Mining Energy (CFMEU) at its Queensland coal mine has been successful. On Monday (Aug 18) the Fair Work Commission (FWC) approved the multinational mining company's non-union enterprise agreement for its Collinsville mine in Qld's Bowen Basin subject to u...
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FWO pursues underpayments for professionals
WFD: Prolific Sydney inventor Kia Silverbrook will face separate directions hearings in the Federal Circuit Court (FCC) in Sydney on September 26 and December 2, 2014 over his alleged involvement in underpaying a total of 43 professional workers more than $2.6m, the Fair Work Ombudsman (FWO) confirmed to Workforce Daily on Thursday morning (August ...
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Shipping operators seek to block MUA protected action indefinitely
WFD: The Australian Mines and Metals Association (AMMA) is seeking to bar the Maritime Union of Australia (MUA) from taking protected action during Western Australia's shipping operator negotiations because the union had not complied with interim bargaining orders. AMMA and four of its vessel operator members - Skilled Offshore (Australia) Pty Ltd,...
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Vic ambos revive journo ride-alongs
WFD: Victorian paramedics are seeking Fair Work Commission (FWC) approval for a ballot on a wide range of industrial measures, including allowing journalists to ride along in ambulances and releasing response time data which they claim Ambulance Victoria (AV) is suppressing. The Ambulance Employees Australia Victorian branch (AEAV) will seek FWC ap...
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Worker unfairly dismissed for taking the piss: FWC
WFD: The Fair Work Commission has held a truck driver was unfairly dismissed, despite finding his urinating outside a Woolworths' lot was a valid reason for dismissal. The case highlighted the need for allegations to be explained in full to employees being disciplined, with Commissioner Michelle Bissett finding the employer's unfair investigation r...
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FWC limits meal room default with ‘genuine effort to agree' test
WFD: In a broad decision qualifying right of entry (RoE) rights, a senior Fair Work Commission (FWC) member has found permit holders must make a “genuine effort” to reach agreement with an occupier on meeting rooms before the cmn can enforce the lunchroom as the “default” location. Deputy President Val Gostencnik's ruling in...
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NSW Treasury denies end of IRC
A NSW Treasury spokesperson has today denied allegations that the state government could abolish the Industrial Relations Commission. “The NSW Government has and continues to support the Industrial Relations Commission,” the spokesperson said. Reports following this morning's (August 22) budget estimate hearings in NSW parliament allege...
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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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Multiplex calls off direct ballot as CFMEU seeks to stay in the game
The Construction Forestry Mining Energy Union (CFMEU) West Australia branch is back in negotiations with Brookfield Multiplex this week after the builder suspended a direct employee vote of its proposed enterprise agreement that would have sidestepped the militant union. Brookfield Multiplex is repositioning its relationship with the CFMEU in WA, s...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalists: Steve Andrew. Steph D'Souza. Managing Editor: Peter Schwab. Product code: 314021719285. Twitter: @WorkforceTR
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FWBC joins Lend Lease in push to bar union officials from sites
The Fair Work Building and Construction Commission (FWBC) is seeking to suspend or revoke the entry permits of 13 union officials, almost doubling the current number of barred officials in the country. The proposed s508 orders to suspend or revoke the officials' entry permits would apply to all building and construction sites in NSW, Victoria, Quee...
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Ausreo 10-week lockout ends
At presstime, the Australian Manufacturing Workers' Union (AMWU) has successfully negotiated an in principle agreement with Ausreo management at the Wetherill Park site in Western Sydney. The 24 level four machine operators were locked out of work after wage increase negotiations broke down 10 weeks ago over a more favourable rate in Victoria ( WF1...
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Trucking company owner fined for sacking driver on carer's leave
The owner of a trucking company has been fined $10k and ordered to pay $18k in damages to a driver he sacked for taking carer's leave and then threatened when the driver lodged an adverse action claim. Federal Circuit Court Judge Rolf Driver heard Matthew Atkins, trading as MLA Transport, refused Michael Vella's request for a day off work so he cou...
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Mystery surrounds TWU-ETU fund transfer as NSW branch unaware
The mystery of a $20k contribution to the Electrical Trades Union (ETU) NSW election fund from the Transport Workers Union Victoria campaign fund has deepened, with current ETU NSW secretary Steve Butler denying any knowledge of the transaction. TWU Vic secretary Wayne Mader told the Trade Union Royal Commission this week that he made the transfer ...
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Fair Work Act allows union claim for individual contractual entitlements
The Federal Court has rejected Wollongong Coal's strike-out application against an indirect union claim for compensation for unpaid bonuses in employees' individual contracts. The case established that unions can collectively enforce employees' individual entitlements by claiming compensation for breach of the Fair Work Act's requirement to pay wor...
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Strike protected despite deed claim
The Fair Work Commission has refused to stop an Australian Workers' Union (AWU) strike, rejecting the employer's claim it was striking for a separate deed governing redundancy entitlements and not to advance an enterprise bargaining claim. The case demonstrated consideration of a claim which would not be a permitted matter does not preclude later i...
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CFMEU's $3m victory reversed by IRC full bench
Some 78 Port Kembla Coal Terminal (PKCT) workers have had their hopes dashed of sharing a $3.4m payout as part of an unfair contracts claim, after PKCT won its appeal before a NSW Industrial Relations Commission full bench. PKCT took on Maritime Services Board staff after the board was privatised. In late 2013, Justice Wayne Haylen awarded Construc...
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Implied term could turn spotlight on workplace investigations
A senior labour lawyer and academic has flagged that workplace investigations may come under greater legal scrutiny if the implied term of mutual trust and confidence is upheld by the High Court. Speaking at the Workplace Research Centre's annual labour law conference this morning, barrister and employment law lecturer David Chin said investigation...
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ALP candidate wannabe used HSU resources, Royal Cmn hears
Health Services Union (HSU) Victorian No1 branch general manager Kimberley Kitching used union resources to make two tilts at preselection for the Labor Party in federal lower house seats, the Trade Union Royal Commission has heard. As the Cmn continued on Monday (August 25), counsel assisting Jeremy Stoljar SC outlined in his opening statement the...
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