The Fair Work Commission (FWC) has rejected the Association of Professional Engineers, Scientists and Managers Australia (APESMA)'s bid for good faith bargaining (GFB) orders, finding an employer's ambit claim was not a “sham”. APESMA was negotiating with Peabody Energy Australia Coal for an enterprise agreement (EA) to cover deputies, ...
Ambit claims not sham bargaining: FWC
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Support person warned over breaching privacy of investigation
The Fair Work Commission has found an employer acted harshly in issuing a first and final warning to a worker's support person for forwarding that worker's disciplinary letter to his union and work colleagues, despite accepting it breached confidentiality provisions. Commissioner David Gregory stressed parties including support persons must respect...
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FWC Oks bullying case representation as ‘more efficient'
The Fair Work Commission (FWC) has granted a not-for-profit and two individuals to be represented by a lawyer in a bullying complaint, despite the applicant's submission the jurisdiction should require self-representation. However, the cmn also referred the matter to conference since it was more informal than arbitration. The cmn heard since mid 20...
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AiG wants royal cmn to cut off union money flow
The Trade Union Royal Commission must recommend expanding the range of terms unlawful in enterprise agreement and prohibiting payments from entitlement funds to union sponsors to cut off the “massive, inappropriate revenue flow to unions”, the Australian Industry Group (AiG) has said. Today (September 8), AiG chief executive Innes Willo...
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CFMEU breaches not relevant to right of entry permit test: Full Bench
A union's general breaches of industrial law are not relevant to the fit and proper person test for right of entry (RoE) permits, unless some link shows the breaches reflect on the individual's susceptibility to contravene the law, a Fair Work Commission (FWC) full bench has held. The bench came to the conclusion in rejecting the Fair Work Building...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Gillard was quizzed on AWU-WRA corruption claim, royal cmn hears
Slater & Gordon (S&G) partners were concerned about rumours the Australian Workers Union Workplace Reform Association (AWU-WRA) “might have been set up corruptly, and have involved corrupt money”, Justice Bernard Murphy has told the Trade Union Royal Commission. Counsel assisting Jeremy Stoljar SC said in his opening statement o...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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FWC considers productivity in GFB as unions oppose site-level EA talks
The Fair Work Commission (FWC) has found unions breached good faith bargaining (GFB) requirements after they refused oil and gas giant Esso's requests to attend site-specific meetings for enterprise bargaining. Deputy President Reg Hamilton granted bargaining orders against the four unions - the Australian Manufacturing Workers Union (AMWU), the El...
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Employers turning to Act objectives: Ward
Since the election of the Coalition Government employers are increasingly using the broader objectives of the Fair Work Act to defend their bargaining position, particularly citing the need to consider productivity when considering good faith bargaining (GFB). So says one of the unionists involved in the Esso GFB case, which saw the Fair Work Commi...
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High Court rejects mutual trust and confidence in employment
The High Court has unanimously held there is no term of “mutual trust and confidence” implied in Australian employment contracts and upheld an appeal by the Commonwealth Bank (CBA) against the Full Federal Court's finding it breached the supposed term. A majority of the Full Federal Court - Justices Bruce Lander and Peter Jacobson, with...
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NUW to face Royal Cmn
The Trade Union Royal Commission will turn its spotlight on to the National Union of Workers (NUW) in a hearing in Sydney tomorrow. The NUW was not one of the five unions named in the cmn's terms of reference. However, the cmn has taken a broad interpretation of the terms' mention of “relevant entities” to look at the election funds of ...
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Gillard stares down Stoljar
Former Prime Minister Julia Gillard has denied any knowledge of the banking arrangements of the Australian Workers Union - Workplace Reform Association (AWU - WRA) or receiving money from the fund, in her appearance before the Trade Union Royal Commission. Gillard was responding to the cmn's questions about setting up the AWU-WRA for AWU official a...
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Ex-HSU boss retracts recollection of Gillard slush fund offer
The Trade Union Royal Commission has today featured former Health Services Union (HSU) national secretary Rob Elliott retracting a claim he made in 2012 that years earlier Julia Gillard had offered to set up an association arrangement similar to the Australian Workers Union - Workplace Reform Association (AWU - WRA). Elliott had written about a mee...
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Wilson paid out on condition of refunding slush fund monies
The Australian Workers Union (AWU) national executive made a deal with former official Bruce Wilson to pay him out redundancy if he refunded secret slush fund monies to the employer contributors, former AWU official Bob F Smith has told the Trade Union Royal Commission. Smith was secretary of the AWU Federation of Industrial Manufacturing Employees...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Accusation was exercise of workplace right: FCC
An employee who accused her boss of “verbally abusing her” during a performance meeting and indicating she wanted to see the company's other directors was exercising a workplace right to make a complaint under the Fair Work Act. However, the employee failed to prove that the company's dismissal of her was because she had made or intende...
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Government backs watering down 457 visa requirements
Immigration minister Scott Morrison has lent support to recommendations by the government-commissioned subclass 457 visa review, including lowering English language standards and loosening the requirement for foreign workers to be paid market rates. Yesterday (September 10) assistant immigration minister Senator Michaelia Cash released the report i...
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Bullying order restricts employee contact and proximity
The Fair Work Commission (FWC)'s latest anti-bullying order has barred an employee from exercising in front of a bullying complainant during work hours, speaking to that person alone or raising performance issues without notification. The order resulting from an application against Bove Ulysses and an unnamed respondent also barred the applicant fr...
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High Court killed employment contract law: academic
The High Court's decision that there is no implied duty of mutual trust and confidence in Australian employment contracts “marks the effective death of employment contract law”, according to Sydney Law School dean and labour law academic Joellen Riley. Riley made the comments exclusively to Workforce Daily after the High Court's unanimo...
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