The Victoria Supreme Court has thrown out the Construction Forestry Mining Energy Union's (CFMEU) attempts to set aside a default judgment against it relating to its alleged secondary boycott against Boral. The decision revealed that last year the CFMEU failed to defend Boral's claims against it, resulting in an interlocutory judgment for damages i...
CFMEU technical arguments fail to upset Boral default judgment
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CFMEU discredits Setka's accuser
The Construction Forestry Mining Energy Union (CFMEU) has gone to great lengths to discredit a subcontractor who accused its Victorian secretary of corruption, producing evidence he pulled a gun on a union organiser in the 1990s and was recently involved in an altercation with the Hell's Angels bikie gang. In his July 7 statement to the Trade Union...
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Boral customers back ban claims, royal cmn hears
The Trade Union Royal Commission has entered evidence today from employees of eight Boral customers who back claims the Construction Forestry Mining Energy Union (CFMEU) banned the concrete supplier on Melbourne construction sites. In his opening statement today (September 18) Counsel assisting Jeremy Stoljar SC said ten current or past employees o...
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CFMEU safety rep denies coercion on Pentridge site
The Construction Forestry Mining Energy Union (CFMEU)-nominated safety officer on the Pentridge Prison site in Melbourne has denied coercing subcontractors to join the union following the death of Thomas Kelly. Today (September 18) Michael Bonnici told the Trade Union Royal Commission in a statement developers Peter and Leigh Chiavaroli accepted th...
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Adverse action claims filed over alleged textile phoenix activity
In a move that could open up new ways to recover worker entitlements from phoenix companies, the Textile Clothing and Footwear Union (TCFUA) has launched adverse action proceedings against textile mogul Phillip Bart and his new company Australian Textile Mills (ATM). Bart's old company Bruck Textile Technologies went into liquidation in July 2014. ...
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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: 314021719324. Twitter: @WorkforceTR
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FWC reinstates IBM manager sacked over expenses breaches
The Fair Work Commission has ordered IBM to reinstate a manager sacked for breaching the company's travel expenses guidelines after considering his 17-year service. IBM dismissed technical project manager Lance Camilleri after a three-year investigation concluded he made various expense-related claims between 2011 and 2012 in breach of IBM policies...
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Full Court rejects adult rates appeal
WFD: 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 th...
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New single person test for min wage overturns century-old practice
WFD: 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 ...
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FWC arbitrates against big wage increases due to threat of closure
WFD: 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...
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Injunction to stop ‘springboard' competition without restraint clause
WFD: 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 thei...
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FWC rejects bid to ban TURC strikes
WFD: 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...
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Boral customers' evidence backs ban claims, royal cmn hears
WFD: The Trade Union Royal Commission has entered evidence on Thursday (September 18) from employees of eight Boral customers who back claims the Construction Forestry Mining Energy Union (CFMEU) banned the concrete supplier on Melbourne construction sites. In his opening statement counsel assisting Jeremy Stoljar SC said ten current or past employ...
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CFMEU technical arguments fail to upset Boral default judgment
WFD: The Victoria Supreme Court has thrown out the Construction Forestry Mining Energy Union's (CFMEU) attempts to set aside a default judgment against it relating to its alleged secondary boycott against Boral. The decision revealed that last year the CFMEU failed to defend Boral's claims against it, resulting in an interlocutory judgment for dama...
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CFMEU discredits Setka's accuser
WFD: The Construction Forestry Mining Energy Union (CFMEU) has gone to great lengths to discredit a subcontractor who accused its Victorian secretary of corruption, producing evidence he pulled a gun on a union organiser in the 1990s and was recently involved in an altercation with the Hell's Angels. In his July 7 statement to the Trade Union Royal...
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CFMEU safety rep denies coercion on Pentridge site
WFD: The Construction Forestry Mining Energy Union (CFMEU)-nominated safety officer on the Pentridge Prison site in Melbourne has denied coercing subcontractors to join the union following the death of Thomas Kelly. On September 18 Michael Bonnici told the Trade Union Royal Commission in a statement developers Peter and Leigh Chiavaroli accepted th...
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CFMEU grills Pentridge developer on sham contracting
WFD: 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 on Thursday morning (September 18)...
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CFMEU slush fund directors deny using union to raise $100k a year
WFD: 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 on September 16, counsel assisting Michael Elliott identified the Build...
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Employees wrongly classed as volunteers will get $60k back-pay
A Melbourne radio station has admitted to paying two employees miscategorised as volunteers just $20 a program and agreed to pay them more than $60k in outstanding wages and entitlements. 3CW Chinese Radio Pty Ltd and its sole director Zhao Qing Jiang have entered an enforceable undertaking admitting the contraventions after a Fair Work Ombudsman (...
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AWU promised ‘good relationships' to bosses who supported fundraiser
WFD: 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 Cesar Melhem, the Trade Union Royal Commission has heard. On September 15, the cmn was inquiring into Melhem's Industry2020 slush fund, which was created...
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