WFD: The Fair Work Commission has rejected a warehouse worker's unfair dismissal application after he was 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 unz...
Dismissal of unzipper harasser was fair: FWC
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Judge holds courts not settled on limiting right to make complaint
WFD: 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...
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Ex-ACCC head to review CBUS governance; Butera suspended
WFD: Industry superannuation fund CBUS has confirmed a senior employee has been terminated and another suspended following evidence in the Trade Union Royal Commission they'd lied about secretly couriering confidential member data to the construction union. A CBUS spokesperson confirmed to WF Daily senior member co-ordinator Lisa Zanatta had been d...
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‘Micromanaging' not workplace bullying: SDP
WFD: The Fair Work Commission (FWC) has rejected a senior public servant's claims his manager was bullying him through “malevolently motivated micromanaging”. While questioning some of the employer's concerns as “minor”, the cmn upheld evidence the conduct was simply part of ordinary performance management. The unnamed Commo...
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TURC favouring friendly witnesses: Asmar
WFD: 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 direct...
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HSU suit against Jackson delayed until 2015
WFD: 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 Richar...
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TURC super repeal no ‘big bang of change' but more expected
WFD: 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....
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CFMEU challenges TURC counsel's recommendations for charges
WFD: Unions subject to adverse submissions by Trade Union Royal Commission counsel assisting Jeremy Stoljar have said they will challenge his recommendations for criminal charges. They've warned the recommendations are just “ambit” and “draft” ( WF 19391 ). The Construction Forestry Mining Energy Union (CFMEU) said in a stat...
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Suggested TURC reforms include changes to super and EA laws
Expand disclosure net for relevant entities On suggested reforms, Trade Union Royal Commission counsel assisting Jeremy Stoljar last week said the cmn should recommend widening the net of disclosure in the Fair Work (Registered Organisations) Act (RO Act) by amending “related parties” to include not just union-controlled entities but al...
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Charge union officials with ‘criminal offences': TURC counsel assisting
WFD: In submissions published late Friday (October 31) afternoon, Trade Union Royal Commission senior counsel assisting Jeremy Stoljar said the cmn should recommend charging construction union boss John Setka. Stoljar identified the recommended charge as blackmail over the union's alleged secondary boycott against concrete supplier Boral in its war...
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CFMEU Qld leaders committed extortion, blackmail: Stoljar
Trade Union Royal Commission counsel assisting Jeremy Stoljar has called for a finding of criminal threats and extortion by Construction Forestry Mining Energy Union (CFMEU) Qld leaders in submissions to the cmn last week. Stoljar said it was appropriate to find CFMEU Qld secretary Michael Ravbar and other CFMEU officers pursued a “campaign a...
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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 WA conference ‘Industrial, political and economic developments in the oil and gas sector' : November 21-22. Rottnest Island. More info here . Fourth annual Ron McCallum deb...
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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: 314021719395. Twitter: @WorkforceTR
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Convictions for indecency ‘valid' reason for APS dismissal
An Australian Tax Office (ATO) employee's conviction for indecency with a minor was a valid reason for dismissal because it was “highly unethical” conduct that potentially damaged the public service's reputation, the Fair Work Commission has found. Deputy President Jeff Lawrence held such private conduct was relevant to work as the Aust...
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Contractors challenges Toll collective bargaining for drivers
Independent Contractors Australia (ICA) has applied to the Australian Competition Tribunal to tear up an authorisation for the Transport Workers' Union (TWU) to collectively bargain with Toll Transport on behalf of owner-drivers. On October 16 the Australian Competition & Consumer Commission (ACCC) granted an authorisation under the Competition...
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Increase in ‘go-away' money
The Fair Work Commission's latest annual report suggests a jump in the number of employers paying “go-away” money to settle unfair dismissal claims. In 2012-13, 1,669 cases were settled with monetary payments (15.3% of claims). That increased to 1,846 in 2013-14 (16.8%). However, unfair dismissal claims fell slightly in 2013-14, from 14...
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Full bench backs DP World urine testing via EA
A special five-member Fair Work Commission full bench has backed an employer's use of urine for drug & alcohol (D&A) testing but found it didn't need to resolve the controversial issue on its merits. The bench - Vice President Joe Catanzariti, Senior Deputy President Ian Watson, SDP Jonathan Hamberger, DP John Kovacic, Commissioner Donna Mc...
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MUA prepares to strike at Farstad
WFD: 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 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
WFD: The stoush over WA vessel operators' employment conditions (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 as WA hosts the largest natural resource project in Australian history”...
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MFB fails to axe firies' agreements
WFD: Vic 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 statement...
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