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
Editorial Team
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No mandatory jail for Tas anti-workplace protest laws
Tasmania's Upper House has passed an anti-workplace protest Bill with amendments that remove mandatory prison sentences for repeat offenders (WF 15/08) . The Upper House last week passed the amended Bill, with the Lower House set to vote on it later this month. The Bill renders protests that invade or hinder a business a criminal offence. It origin...
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Ongoing job share was not implied in Qantas contract: WAIRC
The WA Industrial Relations Commission (WAIRC) has ruled two part-time Qantas workers were not entitled to an ongoing job-share arrangement despite working on a job share basis for five years. That's because it was merely a variation to their roster and not a term implied in their contracts by practice and custom, the cmn found. In 1996 the Austral...
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Ex TWU WA officials inappropriately bought two $150k utes: probe
The Transport Workers' Union (TWU) has revealed two former WA branch officials, including ex secretary Rick Burton, have used members' funds to inappropriately buy two vehicles costing a total of $300k, according to an investigation. In a joint statement, TWU national secretary Tony Sheldon and WA secretary Tim Dawson said the WA branch became awar...
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Ongoing job share was not implied in Qantas contract: WAIRC
The WA Industrial Relations Commission (WAIRC) has ruled two part-time Qantas workers were not entitled to an ongoing job-share arrangement despite working on a job share basis for five years. That's because it was merely a variation to their roster and not a term implied in their contracts by practice and custom, the cmn found. In 1996 the Austral...
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FWC issues four-week stop order at Lend Lease
WFD: 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 overwork. Lend Lease Building Pty Ltd claimed at 7:15am on October 30 its employ...
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FWO pursues Patrick over strike pay during covert industrial action
WFD: 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 Fa...
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Ex TWU WA officials inappropriately bought two $150k utes: probe
WFD: The Transport Workers' Union (TWU) has revealed two former WA branch officials, including ex secretary Rick Burton, have used members' funds to inappropriately buy two vehicles costing a total of $300k, according to an investigation. In a joint statement, TWU national secretary Tony Sheldon and WA secretary Tim Dawson said the WA branch became...
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Cleaner keeps $15k overpayment received in good faith
WFD: 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 2...
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$5k damages for ‘injury to feelings' in pregnancy discrimination
WFD: The SA Equal Opportunity Tribunal has 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 agre...
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MBA faces unfair dismissal claim
WFD: 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 complai...
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Firies' safety, ‘productivity' claims not in good faith: FWC
WFD: 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. That occurred despite a court finding they breached the constitutionally implied limitation in Re AEU . Deputy President Greg Smith found it didn'...
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Fed Court issues $196k fine after $2.5m in underpayments
WFD: 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. ...
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Tugboat engineers' strike action frustrated … again
WFD: The Fair Work Commission (FWC) has issued interim orders against Teekay engineers' strike action scheduled for November 12, 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 Australian Marine Officers Union (AMOU) this week...
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FWO audit reveals third of hospitality sector don't comply
WFD: 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 on November 12 told Australian Hotels Association (AHA) NSW that “wave 1” of the agency's national hospitality camp...
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AHRC says award redundancy clause appears discriminatory
WFD: The Australian Human Rights Commission (AHRC) has intervened in the four-yearly modern award review to argue a clause that prohibits redundancy entitlements to workers aged 60 and above appears discriminatory. A Fair Work Commission (FWC) full bench is expected to hear the matter that relates to the Black Coal Mining Award next week (November ...
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No mandatory jail for Tas anti-workplace protest laws
WFD: Tasmania's Upper House has passed an anti-workplace protest Bill with amendments that remove mandatory prison sentences for repeat offenders. The Upper House last week passed the amended Bill, with the Lower House set to vote on it later this month. The Bill renders protests that invade or hinder a business a criminal offence. It originally ma...
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Decision not to renew contract is adverse action: Fed Court
WFD: 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 complai...
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FWC stops MUA's proposed Farstad Shipping strike
The Fair Work Commission (FWC) has granted an interim order to stop the Maritime Union of Australia (MUA) going on strike at Farstad Shipping (Indian Pacific) Pty Ltd. MUA WA last week gave notice it planned to take four 24-hour stoppages at Farstad from tomorrow (November 15) ( WF 07/11 ). Farstad applied to FWC to stop the action under Fair Work ...
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Multiple agreements didn't show scope not fairly chosen: full bench
A Fair Work Commission full bench has found the scope of an enterprise agreement (EA) was fairly chosen despite not covering several sites in the same state, which had separate EAs. On August 21, Commissioner John Ryan refused to approve the proposed OneSteel Recycling Victoria EA because he was not satisfied its scope was fairly chosen. That was d...
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