Australian Chamber of Commerce and Industry chief executive Peter Anderson has urged the FW Act Review Panel not to “pussy-foot around” the problems industry faces with the fair work system. In his speech to the Australian Labour and Employment Relations Association (above) , Anderson cited the most important areas on which the panel sh...
ACCI FW review needs ‘substance'
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Federal Court rejects 'strike first, bargain later' JJ Richards appeal
In one of the most anticipated rulings of 2012, the Federal Full Court has upheld a Fair Work Australia (FWA) decision allowing protected industrial action to take place before bargaining has started - and in the absence of a majority support determination. Full Court Justices Chris Jessup, Richard Tracey and Geoffrey Flick - dismissed an appeal br...
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Insecure work a scourge on nation's productivity: Howe
WFD: Former Keating government deputy prime minister Brian Howe has warned employer groups to take a closer look at the rise of insecure work and its impact on productivity. In a speech to the National Press Club this week (April 18), Howe, who chairs the independent inquiry into insecure work, said the "greatest cost of insecure work is the impact...
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ACCI chimes in on Workpac appeal
WFD: ACCI this week (April 19) 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 applicati...
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Ramsey attracts ‘near maximum' penalty in sham contracting case
The Federal Court has imposed a near-maximum penalty of $115,200 against an abattoir owner who deliberately denied 11 employees almost $60,000 in entitlements in a case the judge said “closely approach[es] a worst possible”. The court fined South Grafton abattoir owner Stuart Bruce Ramsey $19,200 and his company Ramsey Food Processing P...
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Coates breaches GFB by offering back pay in direct ballot
A company that sought to put its proposed enterprise agreement to ballot following a bargaining impasse, but with a new offer of back pay, breached good faith bargaining (GFB) requirements, Fair Work Australia has found. The company also breached GFB by having branch managers conduct the ballot process. Coates Hire Operations Pty Ltd had been in ta...
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Editorial Team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Product code: 314021718181.
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Sacking not adverse action, but pay deduction breached FW Act
The Federal Magistrates Court has rejected a worker's adverse action claim he was dismissed because he lodged a worker's compensation claim, despite the court accepting the employer had sought to pay the medical costs directly. Glazier Michael Brown worked for small family business ‘Pane In The Glass' as a full-time casual from July 1, 2011. ...
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CFMEU again denied ‘premature' PABO
On the same day employers decried the Federal Court's JJ Richards decision as affirming a ‘strike-first, talk-later' mentality (WF 18175) , Fair Work Australia has rejected a union-proposed protected action ballot order (PABO) for the second time in two weeks on the grounds it was premature. Last week, the Construction Forestry Mining and Ene...
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Editorial Team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Product code: 314021718182.
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Sacked Toyota workers file Federal Court claim despite employer threat
Maurice Blackburn (MB) has today filed a Federal Court adverse action claim on behalf of 12 Toyota workers who it alleged were targeted for redundancy because they were union stewards or held roles as health and safety representatives. The application includes claims for penalties and compensation for loss and damage suffered by the employees as a ...
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AFP employee sacked for covert action against ex-partner
An Australian Federal Police employee who attempted to recruit an officer for a “charade” to check on her ex-husband and used company and financial information from AFP databases for a Family Law Court matter has lost her unfair dismissal case. The couple (Fair Work Australia maintained their anonymity) had separated in 2004 and later d...
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CFMEU members seek to opt out of Newlands Coal EA for more money
In a significant role reversal, the Construction Forestry Mining Energy Union (CFMEU) has confirmed it wants its approximately 90 members at Xstrata's Newlands Coal mine to opt out of the union-negotiated enterprise agreement to go onto individual common law contracts. The CMFEU says non-union members who had opted out of the EA received bonuses an...
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Full bench allows near-maximum compensation for unfair dismissal
A Fair Work Australia full bench has ordered a design firm pay $50,000 in compensation plus interest to an architect who it unfairly dismissed for “gross disloyalty”. The bench rejected the firm's appeal that the near-maximum compensation did not take into account payment in lieu of notice and the employee's failure to lodge any written...
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Govt seeks administration for HSU East branch
In a rare move, the Federal Government has called for an administrator to be appointed to the Health Services Union (HSU) East branch to end factional infighting and union dysfunction. HSU East branches have supported the move and peak union bodies have expressed “cautious” support, despite warning against govt interference in unions. W...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab.
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HSU Victoria No 1 branch in administration
HSU nat exec moves to administration for Vic No 1 branch WFD: Protracted mediation has failed to resolve the woes of the HSU No 1 Vic branch, with the union's nat exec now going ahead with Fed Court action to put its affairs into the hands of an administrator ( WF1679 ). Fed Court mediation arising from an application from No 1 Vic branc pres Pauli...
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AFP employee sacked for covert action against ex-partner
WFD: An Australian Federal Police employee who attempted to recruit an officer for an undercover "charade" to check on her ex-husband and used AFP databases to access his company and financial information from AFP databases for a Family Law Court matter has lost her unfair dismissal case. The couple (Fair Work Australia maintained their anonymity) ...
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Vic ANF sets sights on mental health wages/staffing ratios
Fresh from its victory for improved pay and staffing levels for Victorian nurses, the Australian Nursing Federation (ANF) has set its sights on mental health nurses. The ANF Vic branch has called on the state government to improve the way it funds mental health units in public hospitals and community mental health services. ANF Vic branch secretary...
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AMWU seeks injunction against Toyota sackings
At press time, the Australian Manufacturing Workers Union's (AMWU) lawyers were in the Federal Court seeking an interlocutory order for Toyota to reinstate 12 union delegates and OHS representatives it sacked last week (WF18175) . The 12 retrenched employees have filed adverse action claims against the company (see below, Sacked Toyota workers file...
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