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Shorten cuts red tape with tweaked construction code guidelines

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WFD: Federal Workplace Relations Minister Bill Shorten late last week (March 2) issued a revised set of implementation guidelines for the national construction code . The new guidelines will take effect on May 1, 2012. They are largely in step with the 2009 guidelines in that enterprise bargaining for pay and conditions on large-scale projects is p...

Services sector slumps below contraction point as orders dry up

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WFD: The services sector slipped 5.3% to 46.7 points in February, the latest Australian PSI figures have revealed (readings below 50 indicate contraction). A significant drop in new orders - down 8.5 points to 45.6 - drove the slump. Finance & insurance and personal & recreational were the only two sub-sectors to record growth. Australian I...

Don't ruin an enjoyable meal: BHP Billiton on lunchroom RoE

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WFD: BHP Billiton has called on the Fair Work Act review panel to ignore union demands for statutory right-of-entry access to communal lunchrooms and residential mining camps. In a supplementary submission to the Fair Work Act review panel, BHP Billiton head of group human resources Gary Brown said "such an extension risks a very serious intrusion ...

Toyota uses NSW law to escape penalty for alleged AWA breaches

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WFD: A Toyota Corporation subsidiary has avoided being penalised for allegedly breaking federal workplace laws due to a NSW law limiting penalty recovery actions to two years from when alleged incidents took place to proceedings starting. The case has prompted Federal Magistrate Kenneth Raphael to call for uniform laws for breach of federal civil p...

Diary

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Annual Wage Review 2011/12: April- June 2012. final consultations May 14-18. See FWA website . Federal Govt inquiry into fly-in, fly-out (FIFO) workers : Public hearings: Perth and Kalgoorlie - April 17-19; Narrabri - May 15-16; Sydney - May 25; Melbourne/Burnie - June 13-14. See website . Equal Remuneration SACS case : April 24, 10am conference re...

Shorten slams banks' bid to extend ordinary hours to weekend

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WFD: Federal WR minister Bill Shorten has lambasted banks for applying to Fair Work Australia to extend ordinary working hours to include the weekend, saying it was a "wage cut by stealth". The Government "cannot just stand by and hear large banks making very, very large profits and just simply acquiesce to their demand that people, low paid worker...

ACTU moves on HSU suspension

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WFD: In what is believed to be the first action of its kind, the ACTU this week made moves to suspend the Health Services Union Australia (HSUA) following the allegations raised in the Fair Work Australia investigation. (Continued) Serious concerns over governance requires strong message from union movement (Continued) Flanked by several senior uni...

FWA arbitrates on EA entitlements despite employer resistance

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WFD: Despite the objections of the employer, Fair Work Australia is set to arbitrate a dispute that could result in substantial underpayment findings for hundreds of workers over several years. The case concerns the interpretation of a WA enterprise agreement between the Construction Forestry Mining Energy Union (CFMEU) and contractor Total Corrosi...

FWA & Full Court consider coverage rules in changing times

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The Construction Forestry Mining and Energy Union (CFMEU) has been pushing the scope of its eligibility rules to cover workers in non-traditional industries. In two opposing outcomes for the union, Fair Work Australia and the Federal Court both deal with the way work is changing in modern society and whether traditional notions of union coverage sh...

FWA refers HSU report to CDPP for possible criminal charges

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WFD: Fair Work Australia this week (April 3) announced it has completed the investigation into alleged financial irregularities at the Health Services Union national office and has forwarded its report detailing 181 contraventions to the Director of Public Prosecutions "for action in relation to possible criminal offences". FWA general manager Bern...

ACTU suspends HSU

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The ACTU at press time voted overwhelmingly to suspend the Health Services Union Australia (HSU), effective immediately. The unprecedented decision was carried by 1,797 congress votes to 103. It was revealed the HSU national executive today told the ACTU it had taken actions to put in place new systems to address governance issues. Despite this, th...

CDPP says no powers to deal with HSU report

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WFD: The Fair Work Australia investigation into the HSU appears to have again plunged into legal limbo. The Commonwealth Department of Public Prosecutions (CDPP) revealed it cannot take action on the basis of the 1,100-page report referred to it since the investigation made no consideration of criminal offences (see below, FWA refers HSU report to ...

Strikes back on as BMA denies Qantas-style manoeuvres

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WFD: Industrial action could resume in the Bowen Basin coal mines next week, with unions wary the protracted dispute could be "manoeuvred" into a Qantas-style lock-out to trigger compulsory Fair Work Australia arbitration. Construction Forestry Mining Energy Union (CFMEU) Queensland mining division vice president Steve Pierce told Workforce Daily u...

FM slugs Henna Group with record $220k fine

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The former operators of a chain of Melbourne shoe stores have incurred the wrath of Federal Magistrate Grant Reithmuller who has slugged the company and its operators a total of $220,000 for underpaying four workers. The penalty is a record for a Fair Work Ombudsman prosecution in Victoria. FM Reithmuller slammed the Henna Group's record of five pr...

ACTU worried Aussies missing out as Govt opens door to US tradies

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WFD: Mining and construction industry plans to source foreign labour under various Federal Government-backed schemes including Enterprise Migration Agreements (EMAs) looks suspiciously like a "ploy to import cheaper, short-term workers", the ACTU has said. There is no evidence the same work cannot be done by Australians, ACTU president Ged Kearney ...

NSW Police win first stage of epic work value case

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WFD: The NSW Police Association has declared a significant victory in its long-running salary case after a state Industrial Relations Commission full bench approved its work value claim on merit last week. However, the case is far from over, with parties now required to submit arguments on the size of any associated pay increase. The IRC full bench...

CFMEU PAB losses examine when bargaining really starts

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WFD: The Construction Forestry Mining and Energy Union (CFMEU) has twice lost out on bids for protected action ballot (PAB) orders in cases where Fair Work Australia has examined at what stage bargaining has truly begun. In both the tribunal - before different members - held the union had jumped the gun. It had not done enough for long enough - and...

Shorten's 'happy' speech unveils big ideas on future of work

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Federal Workplace Relations minister Bill Shorten says critics who blame the Fair Work Act and industrial relations for the nation's productivity woes are looking for solutions in the wrong place. In a deceptively simple speech packed with big ideas at the Sydney Institute last night, Shorten outlined his take on why productivity has lagged in the ...

Vic Govt's new construction code guidelines puts clamps on unions

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WFD: The Victorian Govt has unveiled beefed up implementation guidelines for its construction industry code of conduct, which one union leader has described as an unwelcome and "half-pregnant" attempt by the state to get involved in industrial relations. The govt said the enhanced implementation guidelines would lead to "cultural change" in the con...

FWA bench issues interim orders in HSU demarcation blue

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WFD: A Fair Work Australia full bench has issued an interim order stopping an enterprise agreement deal Kathy Jackson's Health Services Union (HSU) East branch struck with the Victorian Government from going out to members to vote. The HSU's bitter 'internal' rival, the HSU Victorian no.2 branch (Health and Community Services Union - HACSU), claime...
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