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Sacking does not prevent bullying order for future risk: FWC

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The head of the Fair Work Commission (FWC) anti-bullying panel has held it is possible to grant a sacked employee a stop-bullying order to prevent future bullying, such as when the employee might be reinstated. The case showed the potential for future bullying and not a worker's employment status determines FWC's jurisdiction. On September 5, 2014 ...

Employee unfairly fired for warning school over ‘adult themes'

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A bus company that sacked an employee for “betrayal” and “sabotage” after it lost a booking because she informed a high school it had hired “adult entertainment” buses for a school excursion has been ordered to pay her $4k compensation. Diana Menabue worked as an administrative assistant for V Bus Pty Ltd, which ...

Thomson risks $500k bill in resurrected FWC action

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Disgraced former Health Service Union (HSU) official Craig Thomson could face civil penalties and compensation in the hundreds of thousands of dollars if a proposed Fair Work Commission (FWC) civil action is successful. FWC general manager Bernadette O'Neill yesterday (Feb 11) confirmed the FWC has sought to re-enliven Federal Court civil proceedin...

Jetstar pilots to vote on pay deal allowing for 18-month wage freeze

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Jetstar pilots will vote next month on a new pay deal allowing for an 18-month wage freeze in exchange for remuneration guarantees (WF23/01). Australian Federation of Air Pilots (AFAP) executive director Simon Lutton told Workforce Daily this morning (Feb 12) the in-principle agreement , reached last week after the union withdrew its threatened str...

Full Court holds EA quashing retrospective

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Meat company Teys Australia has been exposed to several months of back payments after a Full Federal Court held that the quashing of its 2013 enterprise agreement (EA) was retrospective from the date of its approval. Teys Beenleigh's historic non-union backed EA covering 800 employees was approved by Fair Work Commission (FWC) Deputy President Ingr...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Bench resolves tension over conflicting PABO decisions

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WFD: A senior Fair Work Commission (FWC) full bench has lowered the bar to win a protected action ballot order (PABO) by rejecting authorities that ruled bargaining for non-permitted matters would inevitably mean a party was not genuinely trying to reach agreement. The full bench - President Justice Iain Ross, Vice President Adam Hatcher and Commis...

Vic Labor moves to repeal anti-protests laws

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WFD: The Andrews government announced the introduction of legislation on February 10 to repeal Victoria's expanded move-on laws. The Summary Offences Amendment (Move-On Laws) Bill 2015 would reverse amendments made in March 2014 by the Napthine govt expanding the grounds on which the police could order people to move on from public places ( WF 14/0...

Bargaining Bill passes lower house

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WFD: The House of Representatives has passed a Bill to lift the threshold for protected action and require the Fair Work Commission (FWC) to consider productivity when approving it ( WF 28/11/2014 ). The Fair Work Amendment (Bargaining Processes) Bill passed the lower house on February 10. Labor MP -and ex-Community Public Sector Union secretary -S...

Court orders max penalty for accessorial liability

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WFD: A repeat offender in the trolley collecting business has copped the maximum penalty after he was found to have been an accessory to a subcontractor's underpayments of a dozen overseas workers. Federal Circuit Court Judge Michael Lloyd-Jones took the rare step to hit Nick Iksidis with the top fine after noting the need for specific deterrence a...

Productivity complaint cyclical: academic

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WFD: Australian businesses should not be alarmed at the perception of stagnating productivity in a major workplace survey as what it uncovered was a cyclical dip, according to Professor David Peetz. The Australian Workplace Relations Survey (AWRS) released on January 30 found 16% of businesses felt labour productivity had worsened in the last year,...

CFMEU committed adverse action against ‘Trot': court

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WFD: The Federal Court has found the Construction Forestry Mining Energy Union (CFMEU) committed adverse action against its own organiser by sacking him for involvement in the Socialist Alliance. Justice Debbie Mortimer found the union acted on a complaint by then Australian Workers Union (AWU) secretary Paul Howes against the organiser and was "su...

Jackson out; Chris Brown elected HSU secretary

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WFD: The Health Services Union (HSU) has elevated its acting national secretary Chris Brown to leadership of the union, ending former secretary Kathy Jackson's reign. Brown was the secretary of the Tasmanian branch for more than 10 years and has run the union for three years while Jackson faced serious allegations of corruption. He was elected unop...

The World According to Lyons

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WFD: In response to questions about his views and agenda, ACTU assistant secretary and leadership contender Tim Lyons last week posted four of his speeches on Twitter. Here's what they reveal: On campaigning “[O]ur ideas and our program for a changed society needs to be real, evidence based and actually work … If we think all that matte...

NZ Labour outlines five themes for 'future of work'

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WFD: The NZ Labour Party has outlined an ambitious agenda for its landmark Future of Work Commission, with the two-year study to explore how technological, social and demographic changes are changing the nature of work and challenging traditional mechanisms for economic development. The Future of Work Cmn announced by new NZ Labour leader Andrew Li...

Drunk but not disorderly manager gets $300k for wrongful sacking

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WFD: The NSW District Court has ordered an insurance firm to pay a manager $297k after it sacked him for being intoxicated at work which the court found was not serious enough to constitute gross misconduct. The case demonstrated mere intoxication - even at work - may not justify summary dismissal, and that aggravating factors such as reputational ...

ANZ performance pay a risk: FSU

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WFD: The Financial Services Union (FSU) has urged its members to reject a performance-based pay offer from ANZ bank which could see employees given increases varying from just 1% to 5.25%. Voting has begun on ANZ's proposed 2014-2016 enterprise agreement to cover more than 21,000 employees. ANZ's offer includes a sliding scale of pay increases for ...

Diary

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Facebook Q&A with ACTU secretary candidate Tim Lyons: February 17, 6:30pm-7pm (DST), Facebook.com/NatUnionWorkers AWU National Conference: March 2-5, Jupiters Casino, Gold Coast. Australian Workplace Relations Study conference, Fair Work Commission : June 25-26, at University of Melbourne. More info here .

Time off on illness ‘not at work' as VP throws out bully claims over PIP

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Alleged bullying conduct towards a lawyer while she was away from work due to an illness did not occur “at work” as defined by anti-bullying legislation, a senior Fair Work Commission member has found. Vice President Adam Hatcher made the finding in dismissing Bank of Queensland (BOQ) lawyer Amie Mac's allegations that her performance i...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product Code: 314021719495. Twitter: @WorkforceTR
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