WFD: A special five-member Victoria Appeal Court has confirmed the tort of intimidation exists in Australia, rejecting the construction union's appeal against a judgement that it breached the tort by taking secondary boycott action against Boral (WF 24/10/2014). The Appeal Court's decision represents the highest Australian authority to substantiall...
CFMEU takes tort of intimidation to High Court
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Bench split on bullying-induced mental illness as excuse for delay
WFD: A Fair Work Commission (FWC) full bench majority has rejected a former bank employee's appeal for an extension of time to dispute his dismissal. The case revealed a major disagreement about whether diagnosed mental illness constituted “exceptional circumstances” beyond the ordinary “stress, shock and confusion” caused b...
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Voluntary public sector agreements escape Re AEU restriction
WFD: A landmark Federal Full Court decision has held the prohibition of enterprise agreement (EA) provisions that impair state governments' capacity to function does not apply if the agreements are voluntary. The ruling is a significant win for the United Firefighters Union (UFU) in its long-running battle with the Country Fire Authority (CFA) - bu...
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Monday is good enough: full bench
WFD: A Fair Work Commission (FWC) full bench has ruled that unfair dismissal applications may be made on the next business day after the 21 day time limit where the last day is a weekend or public holiday. The decision highlighted that time limits for Fair Work Act claims will be judged by the same rules as court and other deadlines in the Acts Int...
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Govt rejects quarterly super proposal
WFD: The Federal Government has rejected Board of Taxation recommendations that would allow employers to assess superannuation obligations based on quarterly rather than monthly income thresholds. The recommendation, which would have lifted the income threshold to more than $1,350 a quarter, meant short-term casuals or seasonal workers risked missi...
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PC IR review to kick off in Jan
WFD: Peak business groups have welcomed the Federal Government's announcement of the Productivity Commission (PC) review of Australia's workplace relations framework, which will begin with an issues paper this month. Initial submissions are due by Friday, March 13. The PC will complete a draft report by June/July, and a final report by November, 20...
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More work to be done before model productivity clauses
WFD: Greater employee say over their work and leave, skills training and flexibility are viewed by employers as productivity-enhancing provisions in enterprise agreements, according to a Fair Work Commission (FWC) research report. But the 'Productivity and innovation in EA clauses' report released in December 2014 noted more research was necessary ...
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CFMEU ACT fights back over permit dispute
WFD: Fair Work Building and Construction (FWBC) has launched Federal Circuit Court proceedings against Construction Forestry Mining Energy Union ACT branch leaders over alleged right-of-entry (ROE) breaches at three sites. But the union is seeking to return fire, revealing to Workforce it intends to sue two employers - Village Building Pty Ltd and ...
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Miners reinstated despite Facebook and phone use on site
WFD: The Fair Work Commission (FWC) has criticised how BHP Coal Pty Ltd implemented a policy after finding a mine worker was unfairly dismissed for using a mobile phone to post on Facebook while on site. And in a second case involving the same policy on the same site, FWC ordered BHP Coal to reinstate a miner because the company had considered his ...
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Foreign employees add up for small business definition
WFD: Fair Work Commissioner John Ryan has rejected an employer's constitutional argument that its overseas parent company's employees did not count towards the 15-employee threshold necessary for businesses to be covered by unfair dismissal laws. Automation product manufacturer Baccara-Geva (Australia) Pty Ltd t/as Baccara had claimed it was a smal...
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‘Letting off steam' no excuse for swearing: FWC
The Fair Work Commission (FWC) has rejected a Vic public servant's application disputing his demotion for swearing at a colleague after it ruled that “venting frustration” in difficult personal circumstances was no excuse. Deputy President Greg Smith said FWC should side with management when dealing with disciplinary disputes unless its...
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Diary
Association of IR Academics of Australia and NZ (AIRAANZ) 29 th annual conference ‘Pacific Employment Relations': February 3-5, 2015 Auckland: Keynote speakers Hon Vui Mark Gosche, Cybele Locke. More info here . ‘Future of Work' conference, NZ Work Research Institute : February 9, 2015 at AUT University city campus. More info here . Aus...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . ChiefJournalist: Paul Karp. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product Code: 314021719465. Twitter: @WorkforceTR
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Productivity Cmn leaves no stone unturned in IR review
Targeting what are seen as “multiple severe flaws” in the workplace relations (WR) framework, the Productivity Commission (PC) has launched its long-awaited inquiry -and it is far more wide-ranging than expected. Allowing employers to set penalty rates, devolving the minimum wage system to states and territories, expanding the scope for...
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Sickness not mere absence is prohibited reason: Fed Court
The Federal Court has found that only absence from work for illness or injury is a protected ground and not the mere fact of the absence itself in a decision rejecting a manager's adverse action claim. Nevertheless the case confirmed that the right to enjoy a safe workplace and make a complaint about health and safety were both protected by adverse...
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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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CFMEU takes national action after migrant worker abuse
The Construction Forestry Mining Energy Union (CFMEU) is launching a national investigation into a Taiwanese based company that has been employing Chinese and Filipinos on temporary work visas in the NSW South Coast and whose take-home pay was allegedly as little as $4 an hour. Last week, the union discovered 13 Chinese (subclass 400 visas) and 16 ...
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Judge warns of higher penalties over unpaid work schemes
In a strong message to companies using unpaid interns, a Federal Circuit Court judge has fined a media company a total $24k for underpaying two employees that it wrongly classified as “volunteers” and paid them a shift rate. The decision represents Fair Work Ombudsman (FWO)'s first legal action since it undertook a major research report...
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Judge warns of higher penalties over unpaid work schemes
WFD: In a strong message to companies using unpaid interns, a Federal Circuit Court judge has fined a media company a total $24k for underpaying two employees that it wrongly classified as “volunteers” and paid them a shift stipend for “expenses”. The decision represents Fair Work Ombudsman (FWO)'s first legal action since i...
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Sickness not mere absence is prohibited reason: Fed Court
WFD: The Federal Court has found that only absence from work for illness or injury is a protected ground and not the mere fact of the absence itself in a decision rejecting a manager's adverse action claim. Nevertheless the case confirmed that the right to enjoy a safe workplace and make a complaint about health and safety were both protected by ad...
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