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Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Releasing data to media not industrial action: Federal Court

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The Federal Court has ruled an Ambulance Employees Australia Victoria (AEAV) proposal to release politically sensitive response time data to the media does not constitute industrial action and so was not protected by the Fair Work Act. The decision highlights that action contravening workplace policies only counts as industrial action if the action...

Partial success in $1.5m underpayment claim against cafe

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A Sydney café worker who claimed he had been underpaid more than $1.5m over almost 30 years has had a partial win in the courts, winning six years' compensation for unpaid overtime, penalty rates and allowances. However, the Federal Circuit Court rejected claims the worker was under paid superannuation in breach of his contract, finding his contrac...

Union challenges tort of intimidation

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The Construction Forestry Mining Energy Union (CFMEU) has appealed a Victoria Supreme Court decision that held the tort of intimidation exists in Australian law, although the tort is unlikely to be overturned without a High Court challenge. In May 2013, the Vic Supreme Court issued default judgment against the CFMEU Vic branch after the union faile...

Govt cuts Fair Entitlement Guarantee for TCF outworkers

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The Federal Government has cut the Fair Entitlements Guarantee (FEG) for Textile Clothing Footwear (TCF) outworkers through a regulation capping redundancy payments at 16 weeks. The govt announced its intention to cap FEG redundancy entitlements at 16 weeks' pay in the May budget ( WF19145 ). It introduced a Bill to make the cuts for all FEG recipi...

Employer ‘facilitating' new work not enough to cut severance pay: bench

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A Fair Work Commission (FWC) full bench has quashed a decision slashing security guards' redundancy entitlements, finding their old employer did not obtain them new jobs as required to qualify for an entitlement reduction. Until October 31, 2013 FBIS International Protective Services (Aust) Pty Ltd held a contract with Asciano Executive Services Pt...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

FWC won't hide MUA identity in union-first bullying complaint

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The Fair Work Commission (FWC) has refused a Maritime Union of Australia (MUA) application to keep its identity anonymous, as it faces the first ever bullying complaint against a union. In late May 2014, three DP World Melbourne employees sought stop bullying orders against their employer and the MUA Victorian branch ( WFD19372 ). The MUA challenge...

Appeal roundup

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Christopher Toms v Harbour City Ferries Decision Reviewed: A ferry master, represented by the Australian Maritime Officers Union, is appealing a Fair Work Commission full bench decision that quashed a finding he was unfairly dismissed after he tested positive to pot following a ferry accident, even though there was no link between the drug and the ...

Acrimony over underpayment claims irrelevant for reinstatement

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A Fair Work Commission (FWC) full bench has found a senior deputy president erred by taking into account potential workplace conflict over two teachers' underpayments claims to refuse them reinstatement after finding they were unfairly dismissed. However, the bench - President Justice Iain Ross, Deputy President Val Gostencnik and Commissioner Nick...

Community school teachers not volunteers: FWC

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The Fair Work Commission (FWC) has ruled that two teachers were not volunteers as alleged by their school but employees after considering the school's control over the workers, the workers committing to regular work and receiving money for their work. In a previously unreported unfair dismissal decision in May, the FWC heard that the Vietnamese Com...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

FWBC hunts employer over strike pay

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The building watchdog has launched legal action against both 51 individual employees for a 45-minute stop work and their employer for not deducting four hours pay for the stoppage. It is the first time the Fair Work Building and Construction Commission (FWBC) has taken legal action against an employer over strike pay. FWBC's predecessors, the Austr...

ALAEA ‘saves' 65 Qantas licensed engineers jobs under new EA

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Licensed engineers at Qantas have voted up a new enterprise agreement that implements an 18-month wage freeze and forces workers to take excessive leave, in exchange for a side deal that reinstates 65 retrenched workers. As part of the four-year rollover agreement, Qantas has agreed not to make anyone redundant against their wishes while workers ho...

Academic debunks ‘IR Club' slur

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The ‘Industrial Relations Club' is a flawed critique designed to denigrate Australia's industrial relations system, according to RMIT's Professor Anthony Forsyth in his inaugural professorial lecture. Forsyth said the ‘IR Club' term had started life as a critique of centralised wage-fixing but had re-emerged as a means of criticising th...

Harcourt hits back at Coalition critics over alleged FWC bias

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Fair Work Commission (FWC) expert panel member Tim Harcourt has hit back at claims by a Coalition senator his political and economic commentary breaches the cmn code of conduct. In Senate Estimates today, Nationals Senator and Senate Estimates Employment Committee chair Bridget McKenzie tabled a July 31 letter from FWC President Justice Iain Ross a...

Employer ‘facilitating' new work not enough to cut severance pay: bench

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WFD: A Fair Work Commission (FWC) full bench has quashed a decision slashing security guards' redundancy entitlements, finding their old employer did not obtain them new jobs as required to qualify for an entitlement reduction. Until October 31, 2013 FBIS International Protective Services (Aust) Pty Ltd held a contract with Asciano Executive Servic...

Govt cuts Fair Entitlement Guarantee for TCF outworkers

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WFD: The Federal Government has cut the Fair Entitlements Guarantee (FEG) for Textile Clothing Footwear (TCF) outworkers through a regulation capping redundancy payments at 16 weeks. The govt announced its intention to cap FEG redundancy entitlements at 16 weeks' pay in the May budget ( WF19145 ). It introduced a Bill to make the cuts for all FEG r...

Union challenges tort of intimidation

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WFD: The Construction Forestry Mining Energy Union (CFMEU) has appealed a Victoria Supreme Court decision that held the tort of intimidation exists in Australian law, although the tort is unlikely to be overturned without a High Court challenge. In May 2013, the Vic Supreme Court issued default judgment against the CFMEU Vic branch after the union ...

Partial success in $1.5m claim against underpaying cafe

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WFD: A Sydney café worker who claimed he had been underpaid more than $1.5m over almost 30 years has had a partial win in the courts, winning six years' compensation for unpaid overtime, penalty rates and allowances. However, the Federal Circuit Court rejected claims the worker was underpaid superannuation in breach of his contract, finding his con...
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