A Fair Work Commissioner has offered to recuse himself from a dispute involving the Australian Mines and Metals Association (AMMA) because of the employer group's public criticism of him and other Labor Government appointees to the cmn. However, AMMA, representing Farstad Shipping, declined to take up Commissioner Leigh Johns's offer, saying its cl...
Fair Work Cmr offers to recuse himself over AMMA memo
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Parker threatened to bash union whistleblower
Wire taps have revealed Construction Forestry Mining Energy Union (CFMEU) NSW secretary Brian Parker called a veteran union official a “dog” after he raised concerns about the union's links with underworld figure George Alex, with Parker saying he had to restrain himself from bashing him. Appearing before the Trade Union Royal Commissio...
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Big Jim claims Alex gave Greenfield money
Construction Forestry Mining Energy Union (CFMEU) NSW secretary Brian Parker has today denied before the Trade Union Royal Cmn he ever received money on behalf of Alex or his associates and denied knowing if any union officials had received money. Last month the cmn heard evidence that Alex's company Active Labour recorded weekly withdrawals of $2,...
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FWC can't convert unfair dismissal claim to general protections: bench
Unfair dismissal applications can't be corrected to general protections claims despite arising from the same facts, a Fair Work Commission (FWC) full bench has held. The case established that complainants must withdraw their unfair dismissal applications or they must have failed for want of jurisdiction before an applicant can make a general protec...
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Union claims employer's ‘ban on politics' breaches human rights
Workers are challenging their company code of conduct's ban on public comment and political activities, with the union arguing in the Fair Work Commission (FWC) it breaches rights to freedom of expression and freedom of association. AGL - owner of Vic's Loy Yang power station - had been rolling out its compliance program to the 2,700 employees acro...
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NSW Govt to consult before following Vic building code lead
The NSW Government will conduct consultation with the Victorian and Qld governments before deciding whether to follow Vic's lead in banning a number of union-friendly workplace arrangements and requiring construction contractors to report secondary boycott threats in its building code. This week, the Vic govt rebooted its building code and included...
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Modern award review to consider small business, family-friendly work
The Fair Work Commission (FWC) will take submissions to consider whether special provisions for small businesses and family-friendly work are common issues in the four-yearly modern award review. The NSW Business Chamber has applied for a small business schedule to 108 of the 122 modern awards, which would see simplified rules and cuts to overtime ...
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Private use of work internet does not count for high income threshold
WFD: A Fair Work Commission (FWC) full bench has held an employee's private use of the internet on his work phone and laptop was not relevant to whether he was over the high income threshold for unfair dismissal claims. The bench quashed Commissioner Susan Booth's rejection of Sasidhar Maturu's unfair dismissal claim in May on the grounds he earned...
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Bans start at Simplot
Following more than six months of negotiating, Australian Manufacturing Workers' Union (AMWU) members in Tasmania will start overtime bans against food manufacturer Simplot's proposals for a new enterprise agreement (EA). The EA will affect workers at four plants: Devonport and Ulverstone in Tasmania, and Bathurst and Kelso in NSW. Simplot said Fai...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalists: Steve Andrew, Stephanie D'Souza. Managing Editor: Peter Schwab. Product code: 314021719345. Twitter: @WorkforceTR
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Diary
IR Society of South Australia Conference: October 17, Adelaide. More info here . ‘Is there really an Industrial Relations Club?' by RMIT University Professor Anthony Forsyth: October 22, 5:30pm, RMIT. More info here . Australian Labour Law Association Conference ‘Under the Microscope: The Next Phase of Australian Labour Law?': November ...
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Employer guilty of sacking worker who refused sham contract
WFD: The Federal Circuit Court has found a construction operator unlawfully sacked a full-time employee because she refused his demand to become an independent contractor doing substantially the same work. The court rejected the employer's defence there was not enough work to keep the employee on full-time and that she had refused to do any other d...
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Sacked teacher can't be shuffled to back office: FWC
WFD: The Fair Work Commission (FWC) has refused to reinstate an unfairly dismissed Catholic teacher to a non-teaching position in the diocese or head office after finding the available positions' casual status, pay levels and skill requirements made them inappropriate. Michael King was sacked for driving students to weekend surf lifesaving events, ...
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ALAEA tries to save Qantas engineers with new EA
WFD: Licenced Aircraft Maintenance Engineers (LAMEs) at Qantas will this week vote on a new enterprise agreement (EA) designed to prevent redundancies through a 1.5 year wage freeze and forcing workers to take accrued leave. In September, the Australian Licenced Aircraft Engineers Association (ALAEA) launched Federal Court action against Qantas for...
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ETU opens up LNG agreement to include 3:1 roster changes
WFD: The Electrical Trades Union (ETU) has succeeded in getting significant variations to its greenfields agreement for Queensland's Curtis Island LNG project, including three weeks on, one week off rosters by at least 2017 and potentially by 2016. The variations approved by the Fair Work Commission also extends employer KSJV's two-year 2013 agreem...
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CFMEU fined $130k for SA officials' right of entry obstruction
WFD: The Federal Court has fined the Construction Forestry Mining Energy Union (CFMEU) $130k for intentional obstruction and improper behaviour by five of its officials claiming to exercise right-of-entry rights in South Australia. Justice John Mansfield singled out CFMEU SA construction and general division secretary Aaron Cartledge and national o...
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FWBC seeks revocation of CFMEU official's right of entry permit
Fair Work Building and Construction (FWBC) will ask the Fair Work Commission to revoke a Construction Forestry Mining Energy Union (CFMEU) organiser's right of entry permit on the grounds he failed to disclose his criminal history. FWBC's application to the cmn says Luke Collier was convicted in 2003 of recklessly causing injury and criminal damage...
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MUA refuses to rule out further industrial action at DP World
WFD: The Maritime Union of Australia (MUA) has refused to rule out further protected action at DP World terminals around the country, in the wake of three days of stoppages last week in support of enterprise bargaining demands. Limited stoppages took place at Melbourne, Sydney and Brisbane terminals from October 1 to 3. The stoppages were for four ...
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ACTU pushes for universal right to casual conversion
WFD: The Australian Council of Trade Unions (ACTU) will push for millions of casual workers covered by modern awards to have the right to become permanent employees in the four-yearly modern award review. The right for casuals to seek conversion into permanent status after six or 12 months is included in many blue collar awards including metal indu...
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Labor's call to renegotiate EAs made before super freeze
WFD: The federal opposition will call on the government to provide a mechanism for all enterprise agreements (EAs) made in the last year to be renegotiated because they were made on the promise it would maintain Labor's timetable for superannuation increases. Shadow workplace relations minister Brendan O'Connor revealed the plan at The Conversation...
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