WFD: An Australian Taxation Office (ATO) ruling that pizza delivery drivers are employees - and not independent contractors - for superannuation purposes could have implications for unions in the retail and delivery space. The 2013 ruling , made available under freedom of information requirements, found pizza delivery drivers were employees “...
ATO ruling opens door for pizza deliverers to become employees
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CFMEU fails to beat criminal contempt charges over Grocon
WFD: The Vic Appeal Court has refused a Construction Forestry Mining Energy Union (CFMEU) appeal against criminal contempt of court convictions related to the union's Grocon blockade in 2012. The CFMEU appealed against Justice Tony Cavanough's March 31, 2014, decision to fine the union $1.25m for the picket of Grocon's Emporium and McNab Avenue sit...
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Worker unfairly dismissed for caring for family without leave approval
WFD: 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 Bo...
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Costs ordered for unreasonable sex harassment claims
WFD: 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. Form...
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Redeployment considerations not limited by time of dismissal
WFD: The Fair Work Commission (FWC) has held a worker was genuinely redundant when he was dismissed nine months after his duties dried up despite him performing "fill in" work at the time. Commissioner Danny Cloghan held FWC must consider whether workers could have been reasonably redeployed at the time of their redundancies - but it could also tak...
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Court approves diversion plan for union boss after assault charge
WFD: 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 El...
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Text messages suggest CBUS witness involvement in leak
WFD: Trade Union Royal Commissioner Dyson Heydon has referred to a CBUS witness's responses as "comical" as she continued to deny her involvement in leaking confidential member data to the construction union, despite text messages indicating the contrary.The royal cmn recalled CBUS business executive Maria Butera to the stand despite her only givin...
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Cotton On opposes collective bargaining despite corporate values
WFD: Australian retail chain Cotton On has opposed collective bargaining as part of its appeal against a majority support determination (MSD) its warehouse workers won in Qld.The clothing company's position contrasts to its corporate social responsibility policy, which requires its supplier partnerships to have respect for employees' collective bar...
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Jetstar pilots agree to wage freeze
WFD: Jetstar has reached in-principle agreement with pilots covered by the Australian Federation of Air Pilots (AFAP), the Australian and International Pilots Association and the Transport Workers Union. The proposed agreement, which covers about 900 pilots, includes an 18-month wage freeze ( WF19375 ) . A spokesperson for Jetstar told Workforce th...
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Inquiry to revoke HSU No 1 right-of-entry permits is proper: FWC
WFD: The Fair Work Commission (FWC) has rejected a Health Services Union (HSU) Vic No 1 branch bid to stop the cmn considering revoking right-of-entry (RoE) permits due to allegations of cheating on permit tests. Since September 2013 FWC regulatory compliance director and delegate Chris Enright has been inquiring into the provision of RoE permits t...
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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: Helen Jones. Product code: 314021719385. Twitter: @WorkforceTR
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Diary
Australian Labour Law Association Conference 'Under the Microscope: The Next Phase of Australian Labour Law?': November 14-15. Sydney. Info here . IR Society of Western Australia Conference 'Industrial, political and economic developments in the oil and gas sector' : November 21-22. Rottnest Island. Info here . Fourth Annual Ron McCallum Debate: No...
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AFP-Vic police taskforce set up to investigate claims put to TURC
The Federal Government has announced it will implement a joint police taskforce into “industrial criminality and corruption” prompted by evidence put to the Trade Union Royal Commission (TURC). The Vic Govt is the first to agree to establish a joint taskforce, with the Commonwealth in advanced talks to establish taskforces in other stat...
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Vic parties court ambos and nurses' unions before election
The Vic Coalition government has sweetened its pay offer to paramedics and Labor has promised to legislate nurse-to-patient ratios in two major announcements courting unions ahead of the November 29 state election. On Wednesday (October 29) Vic health minister David Davis announced Ambulance Vic (AV) had revised its pay offer. AV would no longer pr...
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Risk & opportunity in ports' enterprise bargaining: ACCC
The current round of enterprise bargaining at Australia's ports poses both a risk to labour productivity gains and a possibility to include further productivity clauses, the Aust Competition and Consumer Commission (ACCC) says. Yesterday (October 30) ACCC released the Container Stevedoring Monitoring Report No 16 . It said labour productivity, as m...
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‘Micromanaging' not workplace bullying: SDP
The Fair Work Commission (FWC) has rejected a senior public servant's claims that his manager was bullying him through “malevolently motivated micromanaging”. While questioning some of the employer's concerns as “minor”, the cmn upheld evidence that the conduct was simply part of ordinary performance management. The unnamed ...
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Vic ambos' pay deal collapses
Attempts by the Vic Government to resolve the paramedics' pay dispute ahead of the November 29 election have so far fallen short, with the union still in dispute about an agreement end date and pay rises. Last week Ambulance Vic (AV) dropped its demand for rural relieving in an attempt to settle the dispute ( WF 19385 ) . AV is offering a $3k sign-...
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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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Suggested TURC reforms include changes to super and EA laws
Expand disclosure net for relevant entities In submissions on suggested reforms published last week, Trade Union Royal Commission counsel assisting Jeremy Stoljar recommended widening the net of disclosure in the Fair Work (Registered Organisations) Act (RO Act) by amending “related parties” to include not just entities controlled by un...
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TURC counsel assisting advises charging union officials for 'criminal offences'
In submissions published late Friday (October 31) afternoon, Trade Union Royal Commission senior counsel assisting Jeremy Stoljar has said the cmn should recommend charging construction union boss John Setka with blackmail over the union's alleged secondary boycott against concrete supplier Boral as part of its war against Grocon. Stoljar's submiss...
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