WFD: Fair Work Commissioner Danny Cloghan has criticised the current state of enterprise bargaining as just “tinkering around the edges” of decades-old agreements, arguing any benefits from the system have “plateau-ed” out and it was time to consider alternatives. Using his trademark metaphors in a speech to the West Austral...
FWC cmr calls for ‘fundamental restructure' of enterprise bargaining
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WA Fair Work members set to retire
WFD: 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. WF 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 Commissione...
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Resources industry adviser slams Govt & AMMA over visa exemption
WFD: An ex-Woodside manager turned IR consultant for the oil and gas industry has blasted the Federal Government for exempting the offshore resources sector from Australian visa requirements, claiming it could "decimate" the local industry. In a speech to the West Australia IR Society conference on the weekend, director of Strategic Human Resources...
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Family breakdown valid reason for dismissals but sackings unfair: FWC
WFD: 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 neverth...
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Tandara Spirit crew quit 20-day sit in
WFD: The Maritime Union of Australia (MUA) members on the Tandara Spirit have quit their sit in after 20-days, citing extreme stress and threats of legal action against them. The Tandara Spirit's 36 Australian crew members refused to sail from Melbourne's Port Phillip Bay on fears the vessel's charterer Viva Energy would dump them, unemployed, in S...
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United Voice agrees Vic ambos won't campaign in uniform
WFD: 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 unifo...
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Big promotion not a new contract: SA full court
WFD: 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 S...
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Royal Cmn mistaken on Parker's consent to separate representation
WFD: Construction Forestry Mining & Energy Union (CFMEU) NSW secretary Brian Parker's submissions to the Trade Union Royal Commission (TURC) reveal he did consent to separate legal representation on November 5, despite his new legal representatives winning an extension for submissions on November 13 on the basis he hadn't. Parker's submissions ...
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Stoljar's submissions 'infected' with prejudgment: TWU
WFD: The terms of reference of the Trade Union Royal Commission (TURC) presuppose the existence of systemic union corruption and submissions by its counsel assisting Jeremy Stoljar SC were “infected” with the “vice of prejudgment”, according to oral submissions by the Transport Workers Union (TWU) TWU's counsel James Glissan...
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Stoljar blasts CFMEU failure to contradict royal cmn evidence
WFD: Counsel assisting the Trade Union Royal Commission Jeremy Stoljar SC has rejected claims the cmn should not draw inferences from the Construction Forestry Mining & Energy Union's (CFMEU) failure to provide statements from its Victorian leaders to contradict Boral witnesses. Stoljar made the statements in submissions in reply published on T...
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Delegate reinstated after CCTV clears him of 'chicken dance'
WFD: 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. I...
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Bargaining may end at voting stage
Fair Work Commissioner Danny Cloghan has shown support for argument that a party cannot take protected action while an employer unilaterally puts its proposed enterprise agreement (EA) to a vote because at that point bargaining has ended (WF 27/11). In reasons published yesterday for his interim order handed down November 11, Cmr Cloghan said for t...
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Cotton On fails to oppose collective bargaining
A Fair Work Commission full bench has rejected clothing company Cotton On's attempt to avoid a majority support determination that would force it to collectively bargain with its workers. After a ten-minute adjournment yesterday in the hearing for Cotton's appeal application, the bench unanimously refused permission for Cotton On to appeal the MSD ...
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Diary
Workplace Research Centre Final Symposium ‘Legacies and Future Directions for IR Research': December 4, 9am to 4:20pm, Darlington Centre, Sydney. Speakers include former FWC president Geoffrey Giudice, WRC director Professor John Buchanan, Griffith University Professor David Peetz, ACIRRT Professor Russell Lansbury and University of Sydney as...
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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: 314021719425. Twitter: @WorkforceTR
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Urine v saliva question ‘unsettled' as debate back on at FWC
Mandatory urine samples for drug and alcohol testing in the mining industry is once again under the spotlight with the Construction Forestry Mining Energy Union and Port Kembla Coal Terminal bringing the matter to the Fair Work Commission for arbitration. Mid-November, Commissioner Ian Cambridge heard expert evidence on whether it was reasonable to...
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Grocon goes after CFMEU in Qld
Grocon Constructors has launched court action against the Construction Forestry Mining Energy Union (CFMEU) Queensland over allegedly unlawful industrial action after workers walked off the job on Wednesday (November 26) at the company's office tower construction site 480 Queen St, Brisbane. Grocon is also pursuing CFMEU organiser Craig Bragdon ove...
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Zaf's business associate casts doubt on Setka corruption claim
The Trade Union Royal Commission (TURC) has announced it will defer all findings on subcontractor Andrew Zaf's claims including that he provided Construction Forestry Mining Energy Union (CFMEU) Victorian secretary John Setka with a free roof. The decision follows a high profile union leader stepping forward with new evidence from Zaf's ex-business...
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FWC refuses to compensate unfairly dismissed Aboriginal worker
In an unusual ruling, the Fair Work Commission (FWC) has found a sacked IBM analyst was unfairly dismissed - but refused to compensate or reinstate her. The cmn heard Kylie Jeffrey joined IBM in June 2010 under the Qantas/IBM Indigenous Information Technology Employment Partnership, after working for Qantas for 18 months. Three months later, Jeffre...
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Building code revised and strengthened
The Federal Government has revised its proposed national building code so that it applies to variations of enterprise agreements and requires contractors to comply with migration laws and visa requirements. Employment minister Senator Eric Abetz said he had revised the code following feedback from unions and employers. The code, attached to the Bil...
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