WFD: A senior Fair Work Commission member has upheld the dismissal of a maintenance worker who tested positive to drug use via a urine test, finding the breach counted as serious misconduct in part due to its risk to the employer's reputation. Vice President Joe Catanzariti said mitigating factors, including that the urine test did not test impairm...
Positive drug test serious misconduct due to reputational risk
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Bar took adverse action by cutting questioning casual from roster
WFD: The company that owns inner-Sydney's White Horse Hotel has been fined $11k because it cut a casual worker's shifts after he made enquiries about not being paid the correct hourly rate. The Federal Circuit Court's penalty included $2,500 for hurt and humiliation after the worker claimed the owners' “rude, misleading and threatening”...
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Asmar says opponent hasn't worked since $240k Williamson-era payout
WFD: Health Services Union Victoria No 1 branch (HSU) secretary Diana Asmar has alleged her opponent in the union's election Jamie Martorana should be barred from running because he hasn't worked in the health industry since he resigned and received a $240k severance payout from the union in 2010. Asmar has brought a Federal Court action challengin...
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TWU announces ‘21-year plan'
WFD: The Transport Workers Union (TWU) will ramp up its safe rates campaigns for the transport and aviation industries under a '21-year' Towards 2035 plan for the union revealed at last week's TWU annual council meeting. In his October 7 speech to delegates, newly re-elected national secretary Tony Sheldon said workers across the globe faced “...
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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. Managing Editor: Peter Schwab. Product code: 314021719365. Twitter: @WorkforceTR
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Diary
‘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 14-15. Sydney. More info here . IR Society of Western Australia Conference ‘...
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Big Jim's credibility under fire
The Construction Forestry Mining Energy Union (CFMEU) has drawn James ‘Big Jim' Byrnes's honesty into question, pointing out the NSW Supreme Court had referred to his associations with major criminals and a coroner had called him untruthful and manipulative. Lawyers for George Alex and the CFMEU this morning (October 17) cross-examined Byrnes...
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‘Scab' sign case waters down general protections: academic
The High Court's ‘scab' sign adverse action decision continues the court's trend of weakening general protections for industrial activity, according to employment law academic and Sydney Law School dean professor Joellen Riley. Yesterday the High Court decided by a 3-2 majority that BHP Coal Pty Ltd did not take adverse action against a CFMEU...
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AFL resists journo union bid for majority support determination
The Australian Football League (AFL) is resisting a Media Entertainment and Arts Alliance (MEAA) application to force it to bargain with its editorial workers, claiming enterprise bargaining would “create disputation” in its workforce. In May 2014 the MEAA wrote to the AFL proposing an enterprise agreement (EA) to cover editorial staff ...
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New drug & alcohol and entry requirements in Vic building code
Victoria's new building code, which comes into force last week (October 8), includes more stringent site security, drug and alcohol (D&A) testing and work healthy and safety (WHS) measures, Workforce associate news publication Occupational Health News reports. The new Victorian Code of Practice for the Building and Construction Industry 2014 (V...
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CPSU fears SBS outsourcing will lower conditions
The Community and Public Sector Union (CPSU) has accused SBS of “washing its hands of workers” by outsourcing work to a company without employment conditions guaranteed. SBS plans to outsource its broadcast play-out systems and 62 staff early next year. The CPSU claims SBS had already selected private provider Deluxe, but the broadcaste...
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Entry permit granted despite failure to disclose alleged breaches
The Fair Work Commission has granted a right of entry permit to a Construction Forestry Mining Energy Union (CFMEU) official despite his failure to disclose court action over his alleged involvement in entry breaches involving the CFMEU's national Lend Lease campaign. The Fair Work Building Industry Inspectorate (FWBII) intervened in the permit app...
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UV claims bosses quizzing workers over work bans breaches FW Act
Consolidated Property Services (CPS) has agreed not to question its workers about whether they were taking protected action and what kind of action they intended to take. CPS yesterday undertook not to do so until union claims such actions breach workers' general protections are determined. United Voice (UV) has accused CPS managers of harassing an...
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Delay in jurisdictional objection robs union employer of costs
A union has lost its bid for costs against a former staff member who continued his unfair dismissal claim despite being told he was beyond the high income threshold, because the union failed to raise the issue when the claim was filed. Senior Deputy President Jennifer Acton used her discretion to refuse the Communications Electrical Plumbing Union ...
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Adding party in ‘new claim' allowed in exceptional circumstances
The Fair Work Commission (FWC) has allowed an adverse action applicant to add a new party after the statutory time limit despite finding it constituted a new claim. The cmn found its power to waive irregularities could be used for the purpose in “exceptional circumstances”. Health and safety administrator Erin Guhl worked for Dredging I...
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Abolishing position was constructive dismissal: FWC
The Fair Work Commission (FWC) has ordered $35k compensation for the unfair dismissal of a business development manager who was forced to resign because her position was abolished and she refused to sign a contract for a new role. The case highlighted that abolishing a position where there is no genuine redundancy can constitute constructive dismis...
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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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MUA fails to stall workers' bullying complaints against it
The Maritime Union of Australia appears to be the first union to be accused of bullying under the new Fair Work anti-bullying laws, with a full bench set to consider questions arising from the application. The Fair Work Commission (FWC) refused the MUA's application to stay three DP World Melbourne employees' bullying complaints against it and DP W...
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Fed Court voids HSU No 1 branch challengers' nominations
The Federal Court has held Health Services Union (HSU) Victoria No 1 branch election challengers Jamie Martorana and Jayne Govan are not eligible to run and given their teammates just seven days to fill their vacant nominations. Martorana is a former branch assistant secretary, elected in 2009 on the Kathy Jackson-aligned Marco Bolano ticket. In Au...
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