WFD: 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 ter...
TURC usurping role of courts: CFMEU
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Stoljar's broad approach to fiduciary duty ‘inappropriate': Melhem
WFD: The Trade Union Royal Commission counsel assisting is seeking to broadly impose fiduciary duties on union officials in a way that would effectively prevent them from fundraising for any interest other than the union, state Labor MP and former Australian Workers Union (AWU) Victoria secretary Cesar Melhem has argued. Counsel assisting Jeremy St...
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My actions not ‘questionable' at all: Gillard
WFD: 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 require...
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Fighting funds beyond Royal Cmn power: TWU
WFD: 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 t...
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Jackson says false ‘costs' claim common in ‘real world of IR'
WFD: 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 “...
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TURC must stay out of union election: HSU
WFD: The Health Services Union (HSU) has warned the Trade Union Royal Commission (TURC) making findings about alleged criminal false declarations relating to right of entry (RoE) tests before a court challenge was finalised would advantage opponents of Victoria No 1 branch secretary Diana Asmar in the union's election. In March, Fair Work Commissio...
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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. More info here . Fourth Annual Ron McCallum Debate: November 25, Sydney, 4pm to 6pm. More info here .
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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: Peter Schwab. Product code: 314021719415. Twitter: @WorkforceTR
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Ambulance Vic in court bid to stop campaigning in uniform
Ambulance Victoria (AV) will seek an urgent injunction in the Federal Court this afternoon to stop paramedics campaigning in uniform ahead of the November 29 state election. United Voice's Ambulance Employees Association Vic (AEAV) has been waging a high-profile campaign against the Napthine govt, attacking it for failing to settle the long-running...
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Bullying claimant sought huge cash settlement during FWC conference
An anti-bullying applicant sought a cash settlement of several hundred thousand dollars from his employer during a conciliation conference, threatening the company with a “legal train wreck” if it was not settled. However, despite the anti-bullying jurisdiction not allowing for monetary orders, Fair Work Commissioner John Lewin rejected...
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Sit in continues on Tandara Spirit
A sit-in by Maritime Union of Australia (MUA) members on board the Australian-crewed petrol tanker Tandara Spirit is due to enter its third week, with the ship still at anchor in Melbourne's Port Phillip Bay on pressday(November 21). It follows plans to scrap the service. The union has accused the operator of the Tandara Spirit, Teekay Australia, o...
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Workers' unpaid overtime enough to eliminate unemployment: report
Australian workers do 1.13m hours of unpaid overtime a week, worth a total $110bn a year across the workforce, according to research by The Australia Institute. The Institute released its ‘Walking the tightrope: Have Australians achieved work/life balance?' research paper yesterday to coincide with National Go Home on Time Day, a campaign to ...
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Big promotion not a new contract: SA full court
A national construction manager has failed to convince the SA Full Supreme Court his promotion had resulted in a new contract and so he was entitled to a longer period of notice on termination. The full court held his promotion did not change his pay or duties sufficiently to constitute a new contract. BMD Constructions Pty Ltd hired Anthony Sparta...
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Delegate reinstated after CCTV clears him of ‘chicken dance'
The Fair Work Commission has ordered the reinstatement of a union delegate unfairly sacked for bullying, after CCTV footage showed he had not performed the ‘chicken dance' as alleged. Australian Manufacturing Workers Union delegate Timothy Redden had worked at Harbour City Ferries (HCF) and its public predecessor Sydney Ferries for 24 years. ...
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United Voice agrees Vic ambos won't campaign in uniform
United Voice's Ambulance Employees Association Vic (AEAV) has agreed paramedics will not campaign in uniforms ahead of the November 29 state election, in return for Ambulance Victoria (AV) tearing up warnings already issued to its members over the issue. On Friday (Nov 21) AV sought a Federal Court injunction to stop ambos campaigning in uniform, o...
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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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Family breakdown valid reason for dismissals but sackings unfair: FWC
The Fair Work Commission has ordered a family business to pay compensation to the owner's daughter and son-in law after he unfairly dismissed them following a family breakdown. The cmn held the breakdown itself - including the daughter ‘blanking' her father and the son-in-law swearing at him - was a valid reason but the dismissals were nevert...
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WA Fair Work members set to retire
The Federal Government has left open the possibility of appointing new Fair Work Commission members in light of the upcoming resignations of two from Western Australia. Workforce Daily understands Deputy President Brendan McCarthy is leaving at the end of this week to take four weeks annual leave before retiring on December 31. Fellow WA member Com...
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Political ban does not extend to ‘private' actions
AGL Loy Yang's ban on its employees engaging in political activity or public comment about matters relating to their employment was a reasonable and lawful direction, the Fair Work Commission has held (WF 03/10) . However, Commissioner Michelle Bissett warned the Victorian power station its code of conduct did not operate “in isolation”...
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Communications union split over ‘member control' of amalgamation
The NSW Communications Workers Union (CWU) has argued it is seeking to give ultimate control to its members by launching Federal Court action to force a plebiscite of them on a proposal to give branch management the power to transfer from one division to another (WF 21/11) . CWU NSW president Rodney Baxter launched proceedings against the divisiona...
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