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Labour productivity strong as real income declines

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WFD: Labour productivity recorded an annual growth rate of 3.3% in the last financial year, according to the latest national accounts. The data released this week by the Australian Bureau of Statistics (ABS) showed gross value added per hour worked in the market sector increased on a trend basis by 0.9% in the June quarter 2014. That amounted to an...

Employers unlikely to pass on super freeze as wage rises: AiG

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WFD: The Federal Government has said workers do not have to re-open enterprise agreements (EA) to lock in extra pay increases resulting from its seven-year freeze of the superannuation guarantee (SG), falsely suggesting the money formerly set aside for super will go straight into workers' pay packets. However, Australian Industry Group (AiG) has co...

Self-confessed chronic pot smoker sacking harsh but not unfair

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WFD: The Fair Work Commission (FWC) has found sacking a driver who self-reported he was a long-time cannabis user was not unfair because his “lifestyle choices” could not be reconciled with the employer's workplace safety obligations. Senior Deputy President Peter Richards accepted Lyndons Pty Ltd's dismissal of vehicle operator Chris C...

Govt confirms regional agreements to lower 457 visa conditions

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WFD: The Federal Government has revealed details of its scheme to lower skill and pay requirements for semi-skilled foreign workers in the final guidelines of its Designated Area Migration Agreement (DAMA) program. DAMAs allow states, territories or regions to respond to labour market shortages with labour agreements lowering the migration standard...

FWC stops CFMEU Brisbane showground action

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WFD: The Fair Work Commission has issued an order to the Construction Forestry Mining Energy Union (CFMEU) and its members not to conduct industrial action at Lend Lease's Brisbane Showgrounds site. Senior Deputy President Peter Richards issued the order, which also covers employees of subcontractors on the site, on Friday (August 29). The order ca...

Marketing company faces court for failing to pay interns

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WFD: 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 ...

FWO seeks first ever injunction

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WFD: 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 Cour...

Serving out notice period made unfair dismissal application in time

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WFD: The Fair Work Commission has refused an employer's argument an unfair dismissal application was out of time after finding the employee's four months' unpaid work at the company post-resignation was part of her notice period. Dr Debbie Obatoki was an employee of Mallee Track Health & Community Services (MTHCS) but worked under an arrangemen...

‘Docility in the face of employer wrong' not relevant to penalty

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WFD: The Full Federal Court has held the fact a worker employed on commission passively accepted being underpaid was irrelevant to interpreting his contract and calculating a penalty against his employer. Stratton Finance Pty Ltd employed John Webb to arrange automobile finance for customers in exchange for 40% of gross commission on deals he settl...

Lis-Con said no super for the Irish: CFMEU

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WFD: A former Construction Forestry Mining Energy Union (CFMEU) official has alleged construction company Lis-Con told him it did not have to pay superannuation to Irish workers on working visas because they were going back to Ireland. Ex-CFMEU Qld assistant secretary Peter Close made the allegations in his statement to the Trade Union Royal Commis...

Intimidating FWBC inspectors is a crime, Royal Cmn hears

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WFD: Union members who intimidate Fair Work Building Construction (FWBC) investigators by conduct including swearing may be guilty of crimes including obstruction of a public official or assault, the Trade Union Royal Commission has heard. Counsel assisting Jeremy Stoljar SC said in his opening statement on Tuesday (September 2) the hearing would l...

Email cleanout may have destroyed vital CFMEU NSW docs, cmn hears

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WFD: Emails to and from senior officials of the Construction Forestry Mining and Energy (CFMEU) NSW construction and general division branch were permanently deleted in a cleanout that may have destroyed documents relevant to the Trade Union Royal Commission, it was revealed in Tuesday's (September 2) hearing. The union maintains the cleanout - whi...

Alex company paid weekly ‘union fees' of $2,500

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WFD: A construction company owned by underworld identity George Alex recorded weekly $2,500 withdrawals as “union payments” but its senior managers have denied knowing whether the money actually went to the union. The Trade Union Royal Commission began hearings on Monday (Sept 1) into the Construction Forestry Mining Energy Union's (CFM...

Unions a means of redistribution and feedback: Lyons

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Unions' role in Australian society is not limited to enhancing workers rights, but is also a key mechanism of income redistribution and providing “voice” - a form of feedback on institutions of work - according to Australian Council of Trade Union assistant secretary Tim Lyons. Lyons made the comments at the Norton Rose Fulbright Nation...

George Alex arrested and charged after named in Royal Commission

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Underworld figure and construction boss George Alex has been arrested and charged for allegedly making threats to kill and cause serious harm, just days after the Trade Union Royal Commission probed his connections with the Construction Forestry Mining Energy Union (CFMEU). NSW Police arrested Alex at a residential hotel in Kent Street after 3pm ye...

Mighell falls out with insurance provider as dispute heads to court

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Ex-Electrical Trades Union (ETU) Victoria leader Dean Mighell was paid about $250k in the year after he left the union as part of a consultant deal with the union's income protection insurance provider. The agreement was made with ATC Insurance and included a $100k sign-on bonus and $15k a month for Mighell's advice and expertise on income protecti...

Telling worker to ‘f--k off' constructive dismissal

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An employee who resigns after their employer tells them to "f--k off" counts as a constructive dismissal, the Fair Work Commission (FWC) has found. "On any objective analysis, where an employer tells an employee to 'F--k off' and then does not take any action to explain or withdraw that expression, it constitutes a direction to the employee to leav...

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. Managing Editor: Peter Schwab. Product code: 314021719305. Twitter: @WorkforceTR

Diary

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Industrial Relations Society of NSW Twilight Session ‘Responding to general protections claims in the Federal and Federal Circuit Courts': September 9, 6pm, Sydney. More info here. ‘Pay Equity: What Next?' lecture by University of Adelaide Professor Andrew Stewart and University of Western Sydney Meg Smith: September 23, 1pm, Melbourne ...

Coverage rules exclude union ‘representation': full bench

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A Fair Work Commission full bench has overruled a decision that permitted unions to represent any of its members at the cmn even when the union's coverage rules prevented membership. Commissioner Paul Spencer made the first-instance decision on the matter in May, allowing the Construction Forestry Mining Energy Union (CFMEU) to represent two truck ...
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