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Full bench may look at when mum is no longer primary carer

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The mining union is considering appealing a Fair Work Commission decision that ruled BHP employees who cared for their newborn children while their partners recovered from caesarean sections were not automatically entitled to primary carers' leave. Deputy President Ingrid Asbury held under the BHP enterprise agreement (EA) employees must provide ev...

Editorial Team

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

DHS offer improvement ‘superficial': CPSU

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The Community and Public Sector Union (CPSU) has blasted a Department of Human Services (DHS) offer which has improved a proposed general pay increase but would cut employees' performance-based salary advancement. The union claims the slashed salary advancement would result in a pay cut for many employees, while its members general salary increase ...

ALP reform needs localised unions and ACTU consultation: Markey

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Unions should affiliate to local rather than state Labor branches and the Australian Council of Trade Unions (ACTU) should revive its regular consultations with the national Labor party to renovate the union-Labor relationship, an employment relations academic has argued . Speaking at Melbourne's labour history conference last week, Macquarie Unive...

‘Past conduct' no basis for broad permit suspension: bench

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A full bench of the Fair Work Commission (FWC) has tossed out a single commissioner's decision suspending the right-of-entry permits of 12 Construction Forestry Mining and Energy Union (CFMEU) officials, finding it was based on the officials' unrelated past conduct - and not a matter at hand. Overturning the suspensions, Vice President JoeCatanzari...

Dismissal unfair despite porn stored on work phone

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The Fair Work Commission (FWC) has held a carpet company unfairly sacked a sales manager due to substantial procedural flaws, despite finding his poor performance and storing of pornography on his work phone were valid reasons for dismissal. Senior Deputy President Peter Richards said he could not disregard Tuftmaster Carpets' failure to warn Roger...

‘Vexatious' OHS rep not immune from dismissal: FWC

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The Fair Work Commission (FWC) has rejected the unfair dismissal bid of an occupational health and safety (OHS) representative who made serious unsubstantiated allegations against company managers, including claims of “corruption”. Deputy President Ingrid Asbury found the OHS rep was not acting in that capacity when he engaged in the mi...

CFMEU NSW brags of ‘biggest victory in years' as Boral caves

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Boral subsidiary De Martin & Gasparini (DMG) has caved to Construction Forestry Mining Energy Union (CFMEU) demands for site allowances in a new enterprise agreement (EA). The in-principle agreement has ended the union's indefinite strike at the concrete placer which began on Friday (February 13) ( WFD 17/02/2015 ). Boral executive general mana...

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

CFMEU NSW brags of ‘biggest victory in years' as Boral caves

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WFD: Boral subsidiary De Martin & Gasparini (DMG) has caved to Construction Forestry Mining Energy Union (CFMEU) demands for site allowances in a new enterprise agreement (EA). The in-principle agreement has ended the union's indefinite strike at the concrete placer which began on Friday (February 13) ( WF 17/02/2015 ). Boral executive general ...

Dismissal unfair despite porn stored on work phone

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WFD: The Fair Work Commission (FWC) has held a carpet company unfairly sacked a sales manager due to substantial procedural flaws, despite finding his poor performance and storing of pornography on his work phone were valid reasons for dismissal. Senior Deputy President Peter Richards said he could not disregard Tuftmaster Carpets' failure to warn ...

High Court to rule on discovery in Boral criminal contempt case

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WFD: Boral's bid for criminal contempt charges over the construction union's alleged ‘black ban' against it has received a further set back, with the High Court granting the union special leave to appeal against crucial discovery orders granted in the case (WF 05/12/2014). The Construction Forestry Mining Energy Union (CFMEU) Victoria branch ...

Odd job on holiday no conflict: FWC

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WFD: The Fair Work Commission (FWC) has upheld the unfair dismissal claim of a delivery driver sacked for working for his employer's customer while on annual leave, finding the secondary employment was not a breach of the duty of fidelity. Vice President Adam Hatcher also held there was no duty for an employee to disclose secondary employment which...

Full bench may look at when mum is no longer primary carer

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WFD: The mining union is considering appealing a Fair Work Commission decision that ruled BHP employees who cared for their newborn children while their partners recovered from caesarean sections were not automatically entitled to primary carers' leave. Deputy President Ingrid Asbury held under the BHP enterprise agreement (EA) employees must provi...

ACTU push to raise bar on refusing flexible work requests for parents

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WFD: The Australian Council of Trade Unions (ACTU) has announced it will push for a right to work part-time for employees returning from parental leave as part of the Fair Work Commission's (FWC) modern award review. Under the ACTU's claim an employee returning from parental leave who has responsibility for the care of a child would be “entit...

Plebiscite on union merger of posties and sparkies to go ahead

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WFD: The Federal Court has ordered the Communications Workers Union (CWU) to urgently hold a plebiscite of all its members on the question of empowering its branches to merge with electrical or plumbing divisions ( WF 24/11/14 ) . Justice Robert Buchanan held the motion for a plebiscite by four CWU branches was valid and criticised the CWU national...

‘Past conduct' no basis for broad permit suspension: bench

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WFD: A full bench of the Fair Work Commission (FWC) has tossed out a single commissioner's decision suspending the right-of-entry permits of 12 Construction Forestry Mining and Energy Union (CFMEU) officials, finding it was based on the officials' unrelated past conduct - and not a matter at hand. Overturning the suspensions, Vice President Joe Cat...

Bum grope out of hours relevant to employment relationship

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WFD: An employee groping a hotel waitress on the bum at his employer-paid accommodation was out of hours conduct justifying dismissal, the Fair Work Commission has ruled. Commissioner Danny Cloghan held the incident had the requisite connection to employment as the employee was only there because the employer had organised accommodation to deal wit...

DHS offer improvement ‘superficial': CPSU

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The Community and Public Sector Union (CPSU) has blasted a Department of Human Services (DHS) offer which has improved a proposed general pay increase but would cut employees' performance-based salary advancement. The union claims the slashed salary advancement would result in a pay cut for many employees, while its members general salary increase ...

ALP reform needs localised unions and more representative structures

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WFD: Unions should affiliate to local rather than state Labor branches and the Australian Council of Trade Unions (ACTU) should revive its regular consultations with the national Labor party to renovate the union-Labor relationship, an employment relations academic has argued. Speaking at Melbourne's labour history conference last week, Macquarie U...
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