Chevron remains optimistic its$US54bn Gorgon liquefied natural gas project in WA won't be hit with further strike action or delays. Its confidence comes after workers on Sunday (November 8) overwhelmingly voted down a proposed enterprise agreement covering the site's building contractors. Unions are blaming the workers' refusal on building contract...
Strike threat at Gorgon gas project as workers vote down rosters
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Accessories are liable for compensation: barristers
Two senior lawyers have urged the Fair Work Ombudsman (FWO) to pursue compensation orders against accessories to breaches of the Fair Work Act, despite the watchdog's position it can only seek penalties against them. FWO's current position is partly based on the Fair Work Act's explanatory memorandum [par 2,177] that says accessory provision s550 d...
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Union officials' co-ordinated arrival enough to prove action: FWC
The co-ordinated arrival of Construction Forestry Mining Energy Union (CFMEU) officials at four Watpac sites in Brisbane and on the Gold Coast at the same time on the same day was sufficient evidence of industrial action being organised. So found the Fair Work Commission (FWC) before ordering the union's unprotected action be prevented at the sites...
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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: 314021719405. Twitter: @WorkforceTR
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Diary
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: November 25, Sydney, 4pm to 6pm. Info here .
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Union win in test case on accruing leave while on w/comp
The Federal Circuit Court has held that NSW workers are entitled to accrue annual leave while on workers' compensation, despite considerable uncertainty about the Fair Work (FW) Act's new restrictions on that right. The argument upheld by the court is understood to apply to other states and territories where the entitlement is seen as ambiguous, in...
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Bid to restore entitlement guarantee for TCF outworkers to pass
A disallowance motion to restore the Fair Entitlements Guarantee (FEG) for textile, clothing and footwear (TCF) outworkers is set to be passed by the Senate this afternoon. Labor Senator Doug Cameron will move a motion to disallow the FEG Amendment Regulation at about 4pm. On October 16 employment minister Senator Eric Abetz made the regulation, wh...
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TURC usurping role of courts: CFMEU
Trade Union Royal Commission (TURC) counsel assisting Jeremy Stoljar SC's claims the Construction Forestry Mining Energy Union (CFMEU) and its officials was guilty of more than 40 contraventions of law were assertions not warranted by evidence or findings which stretched beyond the cmn's power, the union said. The CFMEU submitted the cmn's terms of...
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Dismissal disproportionate for carer who was ‘sick of this shit': FWC
The Fair Work Commission has ordered $17k compensation for a carer who was unfairly sacked for throwing a packet of wet wipes that may have hit an elderly resident. Deputy President Karen Bartel found personal care worker Caryn Kruschel's dismissal was disproportionate because she had not intended to hit the resident. Kruschel worked at Blue Dawn H...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Jackson says false ‘costs' claim common in ‘real world of IR'
The Health Services Union's (HSU) Kathy Jackson has urged the Trade Union Royal Commission to reject recommendations she be referred for possible prosecution for falsely claiming $250k in costs from the Peter MacCallum Cancer Institute over alleged underpayments. She argued any claim ‘Peter Mac' did not know about the pretence was “inex...
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MUA strikes at Farstad Shipping after FWC all-clear
The Fair Work Commission (FWC) yesterday rejected Farstad Shipping's bid to stop the Maritime Union of Australia's (MUA) protected industrial action, resulting in almost 300 maritime workers going on strike from 4am today. The MUA had given notice it intended to take four consecutive 24-hour strikes from 4am Saturday (November 15) ( WF 07/11 ). Far...
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Cut to entitlement guarantee for TCF outworkers reversed
Cut to entitlement guarantee for TCF outworkers reversed The Senate has passed the disallowance motion reversing a cut to the Fair Entitlement Guarantee (FEG) for textile clothing and footwear (TCF) outworkers which capped the FEG at 16 weeks' redundancy pay. Yesterday (November 17) Labor Senator Doug Cameron moved the disallowance motion, confiden...
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High Court's Barker leaves more questions than answers
Senior IR practitioners have criticised the High Court's recent ruling against the implied term of mutual trust and confidence, describing it as “impoverished” on important questions of principle and failing to consider common law jurisdictions outside the United Kingdom. In a discussion at last week's Australian Labour Law Association ...
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Fighting funds beyond Royal Cmn power: TWU
The Transport Workers Union (TWU) has questioned the legitimacy of the Trade Union Royal Commission's inquiries into political action funds - including so-called “fighting” or “slush” funds - because they were set up for political and not industrial purposes. The TWU argued in its submissions to the royal cmn that its terms ...
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Overwhelming vote for strikes at DHS
Workers at the Department of Human Services (DHS) have overwhelmingly voted to approve industrial action, with 95% voting in favour of actions in what was Australia's largest ever electronic ballot. The Community and Public Sector Union (CPSU) announced DHS workers, including those at agencies Centrelink and Medicare and child support workers, woul...
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FWC rejects flexible working arrangements as ‘deal for life'
An employer was not obliged to maintain its employee's 20-year-old flexible working arrangement when it introduced changes to work hours in response to business needs, the Fair Work Commission has held. Since 1994, Mahmoud Dahbache had been working for logistics company Prixcar Services from 6am to 3pm Monday to Thursday and 6am to midday on Friday...
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My actions not ‘questionable' at all: Gillard
Ex-Prime Minister Julia Gillard has rejected the Trade Union Royal Commission's senior counsel assisting Jeremy Stoljar's claim her professional conduct was “questionable”. In her response to Stoljar's submissions on the cmn findings ( WF 07/11 ), she noted he had not contended she sought to “avoid or circumvent legal requirements...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Judge takes broad view of ‘political opinion' in adverse action claim
A university philosophy professor's siding with the analytical over the continental tradition of philosophy was exercising a political opinion protected from adverse action, the Federal Circuit Court has held. However, the court dismissed the academic's claims the University of Sydney's retrenchment of him was because of that opinion. It also dismi...
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