A Newcastle stevedore sacked for an alleged assault at work has been reinstated with compensation for all lost pay after the employer's evidentiary case collapsed on cross-examination. Patrick Stevedore Holdings Pty Ltd's investigation was revealed to be “biased, incomplete and totally one sided” in part because it failed to investigate...
Wharfie unfairly sacked over assault claim due to flawed investigation
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Judge holds courts not settled on limiting right to make complaint
A Federal Circuit Court (FCC) judge has opened the door to a broad interpretation of the workplace right to make an employment-related complaint - after finding courts were split on whether such complaints must be sourced in contract or an underlying statutory or regulatory framework. Judge Antoni Lucev comprehensively considered court rulings in h...
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CFMEU challenges TURC counsel's recommendations for charges
Parties subject to adverse submissions by Trade Union Royal Commission counsel assisting Jeremy Stoljar have said they will challenge his recommendations for criminal charges and warned they are just “ambit” and “draft” recommendations ( WF 19391 ). The Construction Forestry Mining Energy Union (CFMEU) said in a statement th...
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Dismissal of unzipper harasser was fair: FWC
The Fair Work Commission has rejected the unfair dismissal application of a warehouse worker sacked for harassing other staff, including by zipping and unzipping his fly. Thanh Ly worked at Coles Group Supply Chain Pty Ltd's Eastern Creek distribution centre from July 2, 2007, until March 5, 2014. On October 21, 2013, Ly zipped and unzipped his fly...
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Full Court keeps Coles delivery staff on retail award
Federal Full Court judges have rejected a Transport Workers' Union (TWU) appeal against a decision that found Coles delivery staff belong on the retail award, not the transport award. Since 2010 Coles's customer services agents (CSAs) have had duties to pack goods for orders into crates, load them into vans, drive them to delivery addresses and unl...
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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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MFB fails to axe firies' agreements
Victoria firefighters have defeated the Metropolitan Fire Brigades' (MFB) costly bid to terminate their enterprise agreements (EAs) on the grounds they hindered change and contained unlawful clauses on manning levels (WF 17/04) . The case involved more than 20 hearing days, with 37 witnesses giving oral evidence and 51 providing written statements....
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Ex-ACCC head to review CBUS governance; Butera suspended
Construction industry superannuation fund CBUS has confirmed a senior employee has been terminated and another suspended following evidence in the Trade Union Royal Commission they had lied about secretly couriering confidential member data to the construction union. A CBUS spokesperson confirmed to WF Daily senior member co-ordinator Lisa Zanatta ...
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TURC super repeal no ‘big bang of change' but more expected
The Financial Services Council (FSC) has welcome recommendations the Trade Union Royal Commission should repeal the mandating of superannuation funds in collective agreements. TURC senior counsel assisting Jeremy Stoljar submitted last week the cmn should recommends32C (d) and (h) of the Superannuation Guarantee Administration Act be repealed. It e...
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TURC favouring friendly witnesses: Asmar
Health Services Union Victoria No 1 branch (HSU) secretary Diana Asmar has accused Trade Union Royal Commission counsel assisting Jeremy Stoljar of showing favouritism in his recommendations to witnesses friendly to the cmn, including Kathy Jackson and ex-branch employee Peggy Lee. Stoljar submitted the cmn should find Asmar knew of and directed ch...
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DVA workers to vote on strike
Department of Veterans' Affairs (DVA) employees are set to vote on strike action in a protected action ballot, after the Community and Public Sector Union (CPSU) labelled the Federal Government's bargaining framework unworkable. The DVA ballot follows the Department of Human Services (DHS) protected action ballot granted last month. The CPSU starte...
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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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Casuals with no shifts were not dismissed: FWC
Two casuals who claimed they were dismissed because their employer stopped giving them shifts have failed in their unfair dismissal bids because the Fair Work Commission (FWC) found they were not dismissed. “D Booth” and “C Booth” were employed as casuals at Organic Formulations Pty Ltd (OF) from September 2013 and January 2...
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Injured labour hire casual dismissed fairly since ‘no work': FWC
The Fair Work Commission (FWC) has found a casual labour hire employee was effectively dismissed when told there was no more work for him in his old role with a client. That was despite the worker being nominally retained on the labour-hire company's list of casual employees. Commissioner Peter Hampton highlighted the “unusual circumstances...
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HSU suit against Jackson delayed till 2015
The Health Services Union's (HSU) $1.4m fraud claim against national secretary Kathy Jackson has stalled until February 2015, after the Federal Court vacated December hearing dates due to Jackson's ill health. When the matter was last in court on October 13 Jackson's lawyers claimed she was medically incapacitated ( WF 17/10 ) . Justice Richard Tra...
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Qantas short-haul pilots vote down draft EA
Qantas short-haul pilots have voted down a draft EA containing a pay freeze - throwing into doubt the company's cost-cutting plans. Almost 80% of pilots on October 31 voted against the agreement, which calls for an 18-month wage freeze followed by a 3%-a-year wage increase, among other things. The Australian and International Pilots Association agr...
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Mum's battle with cancer counts as ‘exceptional circumstances'
The Fair Work Commission has allowed an applicant's late unfair dismissal claim after taking into account he was taking care of his mother-in-law who had cancer. Former Spotless Facility Services Pty Ltd employee Massimo Fabbri had lodged his application two or six days past the deadline, depending on the date of his dismissal which was disputed. A...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Journalist: Steve Andrew. Managing Editor: Helen Jones. Twitter: @WorkforceTR
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MUA prepares to strike at Farstad
Maritime Union of Australia (MUA) WA is set to take four consecutive 24-hour stoppages against vessel operator Farstad Shipping in support of its claim for “family friendly” rosters. MUA today gave Farstad 10 days' notice of four-day work stoppages set to start from next weekend (November 15). The protected action will affect almost 300...
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Conference highlights oil & gas industry as WA IR heats up
The Maritime Union of Australia's (MUA) stoush over WA vessel operators' employment conditions (see ‘MUA prepares to strike at Farstad' above) is expected to feature in the upcoming WA industrial relations conference to be held in two weeks. This year's theme is “industrial, political and economic developments in the oil and gas sector ...
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