One of Australia's largest employer groups has argued Fair Work Australia needs a “neutral” name-change to Australian Industrial Relations Commission to minimise reputational damage caused by public controversy over its investigation of the Health Services Union (HSU). However, the Australian Mines and Metals Association (AMMA) has crit...
Business backs FWA name-change to protect reputation
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ACCI chimes in on Workpac appeal
ACCI today intervened into a full bench hearing of Australian Industry Group's appeal against Bambach v Workpac - where Fair Work Australia found an employee's 14-month absence on workers' compensation should be counted as part of his "continuous service" to fulfil the minimum six-month requirement for unfair dismissal applications ( WF18165 ). ACC...
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Mine closure in middle of vote 'smacks of intimidation': unions
Unions have attacked BHP Billiton Mitsubishi Alliance's (BMA's) decision to close its Norwich coal mine, claiming the timing of the closure announcement shortly before a forced ballot for a new enterprise agreement at Norwich and six other Bowen Basin mines "smacks of intimidation". Lead union in the EA talks, the Construction Forestry Mining Energ...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Helen Jones/Peter Schwab.
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Employer appeals landmark urine testing decision
WFD: Endeavour Energy will lodge an appeal against Fair Work Australia's precedent-setting decision which approved swab tests for drug and alcohol testing and found urine testing was unjust and unreasonable (WF18155) . The state-owned corporation and major NSW energy distributor will seek to clarify the status of urine testing. It claimed Deputy Pr...
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Cmr doesn't bite at novel restaurant award casual penalty rate argument
WFD: Fair Work Australia has found suspect a Top End employer's novel argument to support doing away with weekend penalty rates for casuals. The employer unsuccessfully argued the wording of the Restaurant Industry Award 2010 (RIA) only required weekend penalty rate payments where casual employees were performing 'ordinary time' - and not 'overtime...
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FWA challenges FWO on leave loading payable on termination
WFD: Fair Work Australia has found an agreement that did not pay annual leave loading on termination did not contravene the National Employment Standards (NES) - despite Fair Work Ombudsman advice stating otherwise. However, the FWO has refused to modify its advice because the FWA decision was the result of uncontested proceedings. The Goodstart Ea...
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Data must be improved
The NSW Government has raised concerns about a claimed absence of a regular collection of linked employee-employer data (LEED) on the various state and federal industrial relations systems in its submission to the Federal Govt's Fair Work Act Review. “No such collection has existed in Australia since the last Australian Workplace Industrial R...
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Power provider in 'unique position' wins seven-day notice for action
WFD: In a rare use of its discretionary powers, Fair Work Australia has required power workers to give seven days' notice of industrial action. The tribunal found the energy provider's exceptional market position and complexity involved in shutting down its generators justified the notice extension. Loy Yang Power Management (LYP) produces about 47...
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Asciano and MUA agree - and that's ‘final'
WFD: Five months after reaching an in-principle agreement and numerous false starts, Asciano and the Maritime Union of Australia (MUA) finally put their beleaguered enterprise agreement for Patrick dockworkers to bed this week (April 19). In a joint announcement to the ASX yesterday, Asciano and the MUA confirmed they had reached agreement on "all ...
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Bench upholds employer appeal over 'unfairly chosen' workers
WFD: A Fair Work Australia full bench has refined the meaning of "fairly chosen" workers for voting up enterprise agreements after it ruled a trial judge erred when he held a company that deployed workers project to project should have included a "much more representative group" in its regional enterprise agreement. With FWA President Justice Iain ...
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FWA upholds summary dismissal based on false sick leave claim
WFD: A small business owner who fired a worker after discovering deleted work emails contradicted her reasons for taking sick leave has successfully defended an unfair dismissal application. Fair Work Australia Commissioner Donna McKenna found the owner had reasonable grounds to justify the summary dismissal, despite not challenging the medical cer...
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Significant victory for ITF in seafarers underpayment probe
International Transport Federation's (ITF) Australian arm has claimed a significant victory in obtaining a purported undertaking from Norwegian shipping giant Gearbulk to back-pay wages to foreign crew who had been working in Australian waters on sub Seagoing Industry Award rates. ITF national co-ordinator Dean Summers claimed four Polish officers ...
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Business backs FWA name change
WFD: One of Australia's largest employer groups has argued Fair Work Australia needs a “neutral” name change to Australian Industrial Relations Commission to minimise reputational damage caused by public controversy over its investigation of the Health Services Union (HSU). However, the Australian Mines and Metals Association (AMMA) has...
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Mine closure in middle of vote 'smacks of intimidation': unions
WFD: Unions have attacked BHP Billiton Mitsubishi Alliance's (BMA's) decision to close its Norwich coal mine, claiming the timing of the closure announcement shortly before a forced ballot for a new enterprise agreement at Norwich and six other Bowen Basin mines "smacks of intimidation". Lead union in the EA talks, the Construction Forestry Mining ...
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Comment: Distortion of unfair dismissal research ‘staggering'
by chief journalist David Marin-Guzman: “Non-ideological” and evidence-based research into the impact of the Fair Work Act's unfair dismissal regime on business has been grossly misrepresented in a media attack on the neutrality of a leading labour law academic. (Continued) Curious acts of omission (Continued) Last Thursday (April 12), ...
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Diary
Annual Wage Review 2011/12: April- June 2012. final consultations May 14-18. See FWA website . Federal Govt inquiry into fly-in, fly-out (FIFO) workers : Public hearings: Narrabri - May 15-16; Sydney - May 25; Melbourne/Burnie - June 13-14. See website . Equal Remuneration SACS case : April 24, 10am conference regarding orders, FWA Sydney. ACTU Con...
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IAG sets new parental leave benchmark ... post EBA negotiations
WFD: A decision by one of the country's leading insurers to double the first six weeks' pay of employees returning from parental leave has attracted generally positive response from unions and employers - but upset the Finance Sector Union. FSU secretary Leon Carter said the finance and insurance industry was "well placed" to set "positive benchmar...
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Significant ruling on national voting rights for state-registered unions
WFD: In a significant decision affecting national unions with state-registered entities, the Federal Court has held NSW Electrical Trades Union (ETU) members cannot vote in Communications Electrical Plumbing Union (CEPU) electrical division national elections as its members are exempt from paying national dues. The decision effectively limits the N...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editors: Helen Jones, Peter Schwab. Product code: 314021718175.
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