Qantas and short-haul pilots have reached in-principle agreement on a new pay deal, with the agreement to go to a vote next week (WF 07/11) . Under the revised Qantas deal, short haul pilots will receive backpay made up of a 3% pay increase for the 12 months from September 1, 2012 (the expiry of the old deal), followed by a 1.5% pay increase until ...
Qantas pilots to vote on wage freeze after securing backpay
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‘Social media' uprising leaves flight attendants union in disarray
A “social media” uprising has left the international division of the Flight Attendants Association of Australia (FAAA) in disarray, with a plebiscite of members voting last month to ban the secretary from acting on their behalf in enterprise bargaining talks with Qantas. The unexpected battle two years out from both the union's division...
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Ex ABCC head new Public Service Cmr
Former Australian Building and Construction Commissioner (ABCC) head John Lloyd has been appointed Australian Public Service Commissioner for a five year term commencing on December 14. Prime Minister Tony Abbott announced the appointment in a statement this morning (Dec 12). He said Lloyd “brings to the role extensive public sector experienc...
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Boss siding with employee's accuser not bullying: FWC
The Fair Work Commission (FWC) has rejected a childcare worker's bullying application because “very heavy-handed” performance management which sided with a co-worker accusing her of poor performance was not bullying. “YH” worked in a Melbourne childcare centre when on March 27, 2014 she made a stop-bullying application to FW...
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‘Golden Rule' good starting point for dismissals: FWC
A Fair Work Commissioner has recommended employers take a lesson from the Bible and treat employees how they themselves would like to be treated so as to avoid unfair dismissal findings. After all, dismissing people was “not rocket science”. Commissioner Leigh Johns cited Matthew 7:12 and Luke 6:31, and said: “As a starting point ...
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HSU wins court order for $8m over inflated Williamson deals
The NSW Supreme Court has ordered the Health Services Union (HSU)'s former purchasing officer and a services contractor to repay millions of dollars to the union that they skimmed off inflated purchase arrangements. Alf Dowling's company Access Focus provided the HSU with a range of goods at inflated prices at corrupt former secretary Michael Willi...
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Franchise adviser guilty of adverse action over union recruiting
The Federal Court has held a child care franchisee took unlawful adverse action when it fired a union delegate for recruiting members by seizing on a staff member's concerns over the recruiting and exaggerating them into allegations of bullying and harassment. The court held that the franchise head was also liable for the action because he had advi...
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Govt cuts employer and employee peak bodies' funding in MYEFO
The Federal Government has announced it will cut the funding of peak employer and employee bodies in its Mid Year Economic and Fiscal Outlook (MYEFO). Treasurer Joe Hockey and finance minister Mathias Cormann released the MYEFO at press time today (December 15). It revealed the govt would save $1.4m over two years by ceasing grants to non-governmen...
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DP World takes MUA lockout dispute to Fair Work Cmn
DP World has taken its enterprise bargaining dispute with the Maritime Union of Australia (MUA) to the Fair Work Commission (FWC) today, as strikes and lockouts escalate across the country. The MUA has said it will cooperate with conciliation talks this afternoon but would prefer bargaining to continue without FWC intervention. On Wednesday (Decemb...
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‘My wife did it' not unreasonable claim in sex email scandal
A teacher sacked for allegedly sending sexual emails to a student and then claiming his wife wrote them was not making an unfair dismissal claim vexatiously or without reasonable cause, the Fair Work Commission has found. Muhammad Khan was a teacher at the Australian Islamic College of Sydney when the college accused him of serious misconduct of a ...
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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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Adviser taking pay rise jettisoned right to commission
The Federal Circuit Court (FCC) has held that by taking a pay rise a property adviser agreed to terms of a new contract which relinquished her rights to be paid commissions after termination. That was despite the advisor claiming she never saw or signed the new contract. Isabel Tiago received a letter of offer from John Hopkins Property Pty Ltd on ...
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FWC finds no adverse action in first full bench arbitration
A senior Fair Work Commission (FWC) full bench has found a car dealership did not commit adverse action by retrenching a worker receiving workers' compensation, despite it raising the issue shortly before informing him about his possible redundancy. The case was the cmn's first adverse action arbitration where both parties were represented, and the...
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FWC sticks by reinstatement for nurse who used force
The Fair Work Commission (FWC) has re-made an order for reinstatement that restricted where a nurse could work, despite a full bench quashing the order because parties had not been heard on the matter. On May 23, Commissioner Michelle Bissett reinstated Samantha Jane Bolden, a nurse sacked by Lyndoch Living Inc for “unreasonable use of force&...
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Court lets ex director cry poor, pay smaller penalty instalments
The Federal Circuit Court has reduced the monthly penalty instalments to be paid by a director of a company who underpaid its workers, because his protracted unemployment left him too poor to pay them back. On March 25, 2013 the Fair Work Ombudsman (FWO) brought proceedings against Ozone Manufacturing Pty Ltd and its sole director Simon Forbes Oke ...
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MUA gets slap on the wrist for strike that cost BHP millions
A Federal Court judge has ordered the Maritime Union of Australia (MUA) to pay a relatively “trifling” $30k in penalties for unlawful industrial action at Port Hedland that cost BHP Billiton at least $3m. The union also agreed to a six-year restraint on taking unprotected industrial action in relation to Port Hedland, with payment of $1...
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FWC tests High Court-like system for appeals
In a bid to reduce appeal costs and in response to large numbers of refused appeals, the Fair Work Commission is implementing a pilot program that will determine whether to grant permission to appeal. The pilot program for 2015 will operate similarly to the High Court's special leave application process in that appeal applications will all be heard...
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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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Thomson fined for 13 theft charges, avoids jail
At press time, former Health Services Union (HSU) national secretary Craig Thomson has been fined $25k after being convicted of 13 charges of theft on Monday (December 15). Thomson was acquitted of the rest of the charges including all those of obtaining a financial advantage by deception. On Monday, Victorian County Court Judge Carolyn Douglas fou...
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Award knowledge necessary to prove liability for underpayments
The Federal Court has raised the bar for proving accessorial liability for underpayments by finding the prosecutor must show that a person involved in a contravention knew an award applied that prescribed minimum rates and that the workers were paid below them. Justice Richard White made the ruling in finding that a “loquacious” directo...
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