WFD: 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. ...
Fed Court voids HSU No 1 branch challengers' nominations
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FWC won't hide MUA identity in union-first bullying complaint
WFD: 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 chal...
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MUA fails to stall workers' bullying complaints against it
WFD: 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...
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Adding party in ‘new claim' allowed in exceptional circumstances
WFD: 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 Dredg...
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Delay in jurisdictional objection robs union employer of costs
A union has lost its bid for costs against 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 (C...
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Abolishing position was constructive dismissal: FWC
WFD: 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 d...
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Releasing data to media not industrial action: Federal Court
WFD: 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 a...
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Appeal roundup
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. That was even though there was no link between the drug...
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Diary
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 ‘Industrial, political and economic developments in the oil and gas sector' : November 21-22. Rottnest Island. More info here . Fourth Annual R...
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Hadgkiss claims surge of militancy on his watch
Fair Work Building Construction (FWBC) investigations and prosecutions have surged in response to a rise in militancy in the last year, its director Nigel Hadgkiss has told Senate Estimates. Hadgkiss said the industrial landscape in construction had “worsened considerably” since he left FWBC's predecessor the Australian Building and Con...
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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: 314021719375. Twitter: @WorkforceTR
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Ex-employee to pay $50k for copyright breach despite lack of damage
A software engineer who copied thousands of computer programs' source code before leaving to work for a competitor has been ordered to pay $50k compensation for breach of copyright by the Federal Court. The size of the order reflected the “flagrancy” of taking the sensitive source code, despite the fact there was no evidence of damage o...
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$250k underpayment claim as union seeks to broaden investigative reach
The union for security officers in the ACT has launched a $250k underpayments claim against what it says is the lowest paying employer in the industry, Secom Australia. The United Voice (UV) ACT branch filed Federal Circuit Court action this week alleging Secom had breached its enterprise agreement by not paying security guards overtime. The union ...
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Cyber-bullying claim against MUA to test bounds of work in social media
An application for a stop bullying order against the Maritime Union of Australia (MUA) will test the bounds of what is “at work” in the Fair Work Commission (FWC) jurisdiction, with the alleged bullying conduct occurring on social media site Facebook. Three employee of DP World in Melbourne have made the stop-bullying application agains...
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Parker has memory fail over CBUS
Construction Forestry Mining Energy Union (CFMEU) NSW secretary Brian Parker has claimed he “does not recall” multiple phone conversations with a CBUS employee who leaked him confidential member information from the superannuation fund. Counsel assisting for the Trade Union Royal Commission, Jeremy Stoljar was cross-examining Parker thi...
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Costs ordered for unreasonable sex harassment claims
The Federal Court has awarded costs against an adverse action applicant for her unreasonable claims of a culture of sexual harassment that she could not back up with direct evidence. The case demonstrated even an actionable claim pursued for a proper purpose can attract a costs order where individual aspects of the claim are unreasonable. Former ex...
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Court approves diversion plan after alleged assault charge
Communications Workers Union NSW secretary Jim Metcher will likely avoid a conviction for allegedly assaulting a fellow union official after the matter was approved for diversion in Melbourne Magistrates' Court. In November 2013, Metcher was charged with unlawful assault and recklessly causing injury after he allegedly pushed Communications Electri...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Helen Jones. Twitter: @WorkforceTR
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Worker unfairly dismissed for caring for family without leave approval
A telecommunications worker fired for not showing up to work for 10 days so he could take care of his children while his wife was hospitalised has been found to be unfairly dismissed and awarded five months' compensation. That was despite his employer not approving his leave request. Fair Work Commission Senior Deputy President Justice Alan Boulton...
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