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Fed Court issues $196k fine after $2.5m in underpayments

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The Federal Court has ordered a nursing home operator to pay a $196k penalty after it underpaid 46 employees by $2.58m over five years. The Fair Work Ombudsman (FWO) started legal action against Adelaide nursing home operator Lifestyle SA Pty Ltd (LSA) in July 2012 for underpayment of wages, casual loadings and penalty rates for 35 employees. After...

Cleaner keeps $15k overpayment received in good faith

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The SA Industrial Relations Court has allowed a cleaner to keep a $15k salary overpayment because she received it in good faith and relied on her employer's advice she was being paid the correct amount when quitting her second job. Deborah Mullaney started work as a cleaner at International Cleaning Services (Australia) Pty Ltd (ICS) in July 2013 o...

FWO pursues Patrick over strike pay during covert industrial action

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Patrick Stevedores Holding Pty Ltd has admitted to paying its employees unlawful strike pay while they were engaged in “a go slow” at WA's Fremantle port. However, the Fair Work Ombudsman (FWO) has refused to pursue the relevant deductions to workers' pay, saying it would not be in the public interest. In December last year, the Fair Wo...

Refusal to accept pay cut not valid reason for dismissal: FWC

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A retail employer's sacking of a long-serving manager because she refused to accept a more than $30k pay cut in her new, lower-level role amounted to unfair dismissal, the Fair Work Commission has held. Angela Johnson had worked for women's clothing company Zehut Pty Ltd trading as Urbrands for 12 years, including in senior management roles. Her em...

Editorial Team

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

AHRC says award redundancy clause appears discriminatory

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The Australian Human Rights Commission (AHRC) has intervened in the four-yearly modern award review to argue that an award clause that prohibits redundancy entitlements to workers aged 60 and above appears to be discriminatory. A Fair Work Commission (FWC) full bench is expected to hear the matter that relates to the Black Coal Mining Award next we...

FWC issues four-week stop industrial action order

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The Fair Work Commission (FWC) has ordered construction workers to stop unlawful industrial action at Lend Lease's Sunshine Coast University Hospital site for four weeks - after they reportedly walked off the job because of alleged safety issues and concerns about being overworked. Lend Lease Building Pty Ltd claimed at 7:15am on October 30 its emp...

Turning up doesn't preserve term employment: FWC

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The Fair Work Commission has dismissed an unfair dismissal application as out of time, finding the applicant turning up for work after a term contract expired did not continue the employment relationship. On January 30, 2012 Dr Simin Maleknia was employed on a fixed-term contract at the University of Sydney due to finish on December 31, 2013. The u...

Decision not to renew contract is adverse action: Fed Court

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The Federal Court has held that an employer's decision not to renew a senior academic's contract was adverse action as it amounted to refusal to employ a prospective employee. However, the court rejected claims the action was unlawful after accepting the employer's unchallenged evidence it was not taken because of an employment-related complaint. I...

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

$5k damages for ‘injury to feelings' in pregnancy discrimination

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The SA Equal Opportunity Tribunal had ordered a hairdresser employer who discriminated on the basis of pregnancy against her apprentice to pay $5k damages for “injury to feelings”. But the tribunal rejected a claim for the apprentice's lost wages because it found the pair brought the employment relationship to an end by mutual agreement...

MBA faces unfair dismissal claim

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A former Master Builders Association NSW (MBA) media adviser has brought an unfair dismissal claim against MBA, claiming he was made redundant because he'd complained about workplace bullying or due to absence from work. On August 27, 2014, MBA terminated spinner Kraig Butler's employment because of alleged redundancy. Butler had made complaints of...

Wage growth trend drops to new low as ACTU raises stagnation fears

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Annual wage growth continues its record low of 2.6%, raising concerns about a prolonged period of stagnation in living standards, according to latest research by the Australian Council of Trade Unions (ACTU) ( WF 15/08 ) . The ACTU November 2014 economic bulletin shows wages growth has slowed in all industries in Australia, reflecting a weak labour...

FWO audit reveals third of hospitality sector don't comply

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The Fair Work Ombudsman (FWO) has urged employers to act as “whistleblowers” for the agency in a speech highlighting the hospitality industry as one of the worst offenders for compliance. FWO Natalie James this morning told Australian Hotels Association (AHA) NSW that “wave 1” of the agency's national hospitality campaign - ...

Editorial Team

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

Firies' safety, ‘productivity' claims not in good faith: FWC

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The Fair Work Commission (FWC) has found the United Firefighters Union (UFU) was not bargaining in good faith with Vic Country Fire Authority (CFA) when it continued to pursue manning level clauses despite a court finding they breached the constitutionally implied limitation in Re AEU . Deputy President Greg Smith found it did not matter the UFU ha...

Tugboat engineers' strike action frustrated … again

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The Fair Work Commission (FWC) has issued interim orders against Teekay engineers' strike action scheduled for today, allowing for the workers to vote on the company's proposed enterprise agreement. Port Hedland tugboat crew members represented by the Maritime Union of Australia (MUA) and the Australian Marine Officers Union (AMOU) this week voted ...

HSU No 1 branch challenger ticket collapses

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The team ticket challenging the Health Services Union (HSU) Vic No 1 branch leadership has collapsed, with the result that only the current team and a series of individual challengers will contest the election that starts tomorrow (November 14). Diana Asmar heads the current team that was originally challenged by a team led by former branch assista...

HSU refers Jackson to police

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The Health Services Union (HSU) national council has unanimously voted to refer its honorary national secretary Kathy Jackson to Vic Police for allegedly spending up to $900k of union money on herself and her family. HSU acting national secretary Chris Brown told WF Daily the $900k allegedly came from a variety of sources, including union credit ca...

CFMEU lawyers cut Parker loose

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Construction Forestry Mining Energy Union (CFMEU) NSW secretary Brian Parker will be separately represented in the Trade Union Royal Commission after the union's law firm Slater & Gordon (S&G) stopped acting for him. S&G cited an unspecified conflict of interest. The change in legal representation was revealed at a royal cmn hearing tod...
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