The Fair Work Commission (FWC) has found a union's failure to propose a specific wage increase and its bid to tie salary levels to third party negotiations meant it was not genuinely trying to reach agreement and so could not take protected action. Commissioner Danny Cloghan came to the conclusion when deciding to bar marine engineers from voting i...
FWC rules training and foreign labour claims not permitted
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Law firm PCS expands to Melbourne
Australia's fastest growing workplace law firm People & Culture Strategies (PCS) will announce it is expanding into Melbourne from its Sydney base in the next fortnight. Managing principal Joydeep Hor told Workforce Daily Siobhan Mulcahy, special counsel in the employment team at Clayton Utz, would establish the office with a senior associate. ...
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FWBC brings coercion claims against workers for striking
In what is understood to be the fourth action of its kind, the Fair Work Building and Construction Commission (FWBC) has lodged a Federal Court case against 68 individual workers for striking unlawfully in the Northern Territory. Construction workers employed by Laing O'Rourke at the Ichthys gas plant took the one-day industrial action this year ov...
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Federal Court upholds offshore visa exemption
The Federal Court has rejected a union challenge to the validity of a ministerial determination that exempted workers on ships servicing the offshore resources sector from the migration zone and Fair Work laws. In July 2014 the Senate disallowed a regulation allowing foreign workers on offshore oil and gas ships to work on Maritime Crew Visas (MCVs...
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Injunction to stop ‘springboard' competition without restraint clause
The Federal Court has granted an interim injunction to prevent an engineering consultant servicing clients of his former employer, despite his contract of employment not containing a restraint of trade clause. The order was the result of the ‘springboard' principle - that a worker should not get an unfair advantage in competing with their for...
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Full Federal Court rejects retailers' adult rates appeal
The Full Federal Court has rejected an appeal by the National Retail Association (NRA) to overturn a Fair Work Commission (FWC) full bench decision granting adult pay rates to 20 year olds in the sector ( WF19085 ). The NRA argued the FWC full bench had considered irrelevant “work value reasons” and needed to separately consider the mod...
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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. Product code: 314021719321. Twitter: @WorkforceTR
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AWU promised ‘good relationships' to bosses who supported fundraiser
The Australian Workers Union (AWU) promised “good working relationships” with employers who contributed money to fundraisers run by Labor Victorian MP and former AWU Vic secretary Caesar Melhem, the Trade Union Royal Commission has heard. The cmn was inquiring into Melhem's Industry2020 slush fund, which was created to raise funds to su...
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NUW under scrutiny over fundraiser body
On Thursday (September 11), the Trade Union Royal Commission inquired into IR21, the NUW-related fundraising entity. The cmn described the entity as being “far from unique”. IR21 mainly raised funds through annual luncheons that featured speakers including Julia Gillard, Bill Shorten, Kevin Rudd, Greg Combet and Wayne Swan as speakers. ...
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Federal Court upholds offshore visa exemption
The Federal Court has rejected a union challenge to the validity of a ministerial determination that exempted workers on ships servicing the offshore resources sector from the migration zone and Fair Work laws. In July 2014 the Senate disallowed a regulation allowing foreign workers on offshore oil and gas ships to work on Maritime Crew Visas (MCVs...
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Bullying order mediates sibling rivalry
In the latest anti-bullying order, the Fair Work Commission has restricted the conduct of two brothers who work in companies associated with their family trust. Commissioner Bruce Williams' consent orders require Ross and Scott Blenkinsop to be “civil to one another” and refrain from “abusive, offensive or disparaging” state...
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Unions consider offshore visa appeal
Maritime unions are considering a Full Federal Court appeal after the Federal Court held the ministerial determination exempting workers on ships servicing the offshore resources sector from the migration zone and Fair Work laws was valid ( WFD19321 ). The Maritime Union of Australia (MUA) and the Australian Maritime Officers Union (AMOU) unsuccess...
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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. Product code: 314021719321. Twitter: @WorkforceTR
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CFMEU slush fund directors deny using union to raise $100k a year
Directors of a Construction Forestry Mining Energy Union (CFMEU) slush fund have denied before the Trade Union Royal Commission improperly using union resources to raise more than $100k a year through lucrative events and vending machine contracts. In his opening statement today (September 16), counsel assisting Michael Elliott identified the Build...
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FWC rejected bid to ban strikes over Royal Cmn
In a previously unreported decision, the Fair Work Commission (FWC) last month rejected Lend Lease's bid to stop Queensland construction workers conducting work stoppages in protest against the Trade Union Royal Commission (TURC). Workers at Lend Lease's ‘The Green' site - part of the $2.9bn RNA Showgrounds project - allegedly walked off the ...
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FWC arbitrates against big wage increases due to threat of closure
In a consensual arbitration of enterprise negotiations, Vice President Graeme Watson has maintained oil refinery workers' generous redundancy provisions but granted wage increases only “moderately” above CPI for the final two years of the four year deal. That was despite workers agreeing to a pay freeze for the first two years. The Aust...
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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. Product code: 314021719323. Twitter: @WorkforceTR
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New single person test for min wage overturns century-old practice
The Australian Catholic Council for Employment Relations (ACCER) has blasted the Fair Work Commission's minimum wage panel for adopting the single person test without notice as “unfair” and “unacceptable” (WF19265) . In a briefing paper published this week, ACCER said FWC's setting of the single person household as the appro...
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Full bench overturns pot smoking ferry master's reinstatement
A Fair Work Commission full bench has overturned the reinstatement of a ferry master who was sacked for testing positive to marijuana after a crash, upholding the employer's zero tolerance approach to drug use despite lack of impairment. In the controversial original decision, Deputy President Jeff Lawrence found Harbour City Ferries unfairly dismi...
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CFMEU grills royal cmn witness over sham contracting
The Construction Forestry Mining Energy Union (CFMEU) has grilled a developer who accused it of coercion about engaging in alleged sham contracting and being unwilling to pay commercial rates. CFMEU counsel at the Trade Union Royal Commission John Agius SC cross-examined West Homes' developer Leigh Chiavaroli this morning about claims aired in the ...
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