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Unions argue over corporation definition in Qld High Court appeal

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WFD: Unions have claimed Queensland legislation declaring Qld Rail is not a corporation is invalid as part of their High Court appeal to have the employer brought back under the Fair Work Act. The Qld unions are challenging provisions of the Qld Rail Transit Authority (QRTA) Act which purport to transfer the Qld Rail workforce into the state indust...

Fair Work amendments on way to Senate

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WFD: A Bill containing Fair Work Act amendments including a three-month time limit on greenfields agreement negotiations and wider capacity for individual flexibility arrangements (IFAs) has passed the Lower House. The Fair Work Amendment Bill ( WF19045 ) passed the House of Representatives on Wednesday (August 27). Its provisions include restricti...

ALAEA takes Qantas to court over redundancy consultation

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WFD: The Australian Licensed Aircraft Engineers Associations (ALAEA) has launched Federal Court action against Qantas, claiming a failure to properly consult about redundancies. ALAEA secretary Steve Purvinas told Workforce Daily Qantas' announcement of 175 job losses amongst licensed engineers in February 2014 appeared to be “predetermined b...

Media comment banned by EA may not be workplace right

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WFD: The Federal Court has suggested adverse action provisions may not prevent employers disciplining employees who badmouth them in the media if such comments are forbidden by an enterprise agreement (EA). The comments came in a decision rejecting an interlocutory application to lift the suspension of a union delegate who criticised her employer. ...

ETU lobbies Senate on building code

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WFD: The Electrical Trades Union (ETU) was lobbying minority senators this week in an 11 th -hour attempt to block passage of a fresh round of Federal Government building industry reforms. The Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 is part of the govt's bill to reinstate the Australian Building and Constructio...

Full Federal Court rejects weekend penalty rate appeal

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WFD: The Full Federal Court has rejected an appeal by United Voice against a cut to weekend penalty rates in the hospitality industry. The decision will prevent a rehearing in the Fair Work Commission (FWC) of the controversial decision which employers believe opens the way for penalty rate cuts in other awards. In May a FWC full bench varied the r...

Implied term could turn spotlight on workplace investigations

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WFD: 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 on Monday (August 25), barrister and employment law lecturer David Chin said...

Jackson admits to false records of legal costs to inflate $250k ‘windfall'

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WFD: Former Health Services Union (HSU) national secretary Kathy Jackson has admitted she inflated external legal costs to reach a $250k settlement with the Peter MacCallum Cancer Institute. Jackson was continuing her testimony on Thursday (August 28) in the Royal Commission into trade unions after it was cut short last month when she claimed the c...

Vague Jeff says $50k for ‘property settlement'

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WFD: Former Health Services Union (HSU) Victoria No 1 branch secretary Jeff Jackson has said he believes the $50k he received from his ex-wife Kathy Jackson was for a property settlement in relation to their divorce. However, Jackson admitted his memory was bad, accepting the $50k could have been for other purposes including electioneering and lega...

HSU No1 complaints ‘political': sec

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WFD: Health Services Union (HSU) Victorian No1 branch secretary Diana Asmar has said allegations of wrongdoing at the branch since she was elected secretary in 2012 are false and part of a push to destabilise the union by her political enemies. As the Trade Union Royal Commission continued on Tuesday (August 26), Asmar and the branch's general mana...

ALP candidate wannabe used HSU resources, Royal Cmn hears

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WFD: 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 statemen...

Code of conduct breaches puts pressure on FWC expert Harcourt

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Nationals Senator Bridget McKenzie has called for Fair Work Commission (FWC) expert member Tim Harcourt to step down because FWC President Justice Iain Ross has concluded he breached the cmn's code of conduct. Senator Helen Kroger first raised complaints about Harcourt in Senate Estimates in June, claiming he was identified as a Labor Party member ...

‘Go away' money not feature of bullying settlements: SDP

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WFD: The Fair Work Commission received only 411 bullying claims by the end of July, with no decision so far finding bullying had occurred. Senior Deputy President Jonathan Hamberger gave an update on the cmn's new anti-bullying regime at the annual labour law conference on Monday (August 25). In addition to the number of claims, SDP Hamberger comme...

Royal Cmn to finish up in a month?

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The Royal Commission into trade unions has flagged that its hearings are likely to finish by the end of September despite not having begun hearings into one union listed in its terms of reference. Commissioner Dyson Heydon made the comments this morning as the cmn adjourned after declining to allow Health Services Union (HSU) national secretary Chr...

Editorial Team

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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: 314021719295. Twitter: @WorkforceTR

Diary

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Regulation and Control of Labour Organisations lecture series: August 30, September 6, 13, UNSW Faculty of Law.

Metcher and CWU execs stall national union accounts

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For the third time in three years rival Communications Workers Union (CWU) branches have blocked the national office from passing its accounts, despite the deadline being August 31. The failure to certify the accounts at an executive meeting on Monday (August 25) came despite the Fair Work Commission previously putting the national division on noti...

EA approval quashed since employer ‘misled' FWC

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A Fair Work Commission (FWC) full bench has quashed approval of an enterprise agreement (EA) because it found the employer had misled the cmn about notification of employees. The CEM Services Pty Ltd 2014 EA was originally approved by Senior Deputy President Jonathan Hamberger on May 14. However, on June 2 the Construction Forestry Mining Energy Un...

FWO seeks first ever injunction

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The Fair Work Ombudsman (FWO) has added another weapon to its compliance arsenal, for the first time seeking an injunction in civil proceedings to prevent a NSW businessman underpaying his employees. The FWO is suing hairdresser salon owner Nelvin Nitesh Lal and his three salons in Hurstville, Erina and Shellharbour in the Federal Circuit Court. Th...

Marketing company faces court for failing to pay interns

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The owner of a Melbourne marketing company now in liquidation faces court action after allegedly failing to pay two interns for three month's casual work. In documents lodged in the Federal Circuit Court, the Fair Work Ombudsman (FWO)alleged Nexus Coaching Group Pty Ltd owner Naomi-Jayne Aldred advertised for an unpaid intern in 2012. The ad sugges...
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