Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021718185.
Editorial team
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Govt seeks administration for HSU
WFD: 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, while warning against govt interference. WR minister Bill Sho...
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Sacking not adverse action, but pay deduction breached FW Act
WFD: 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. O...
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Ramsey attracts 'near maximum' penalty in sham contracting case
WFD: 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 Pty Ltd ...
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Diary
Annual Wage Review 2011/12: April- June 2012. Final consultations May 14-18. See 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 . ACTU Congress 2012: May 15-17, 2012, Sydney Convention Centre. The congress will set the union agen...
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Déjà vu for HSU administration
If the Federal Government's application to place HSU East into administration is successful, it will not be the first time such action has been taken against an HSU branch in the name of stability (see below, Govt seek administration for HSU) . In August 2009, the HSU No 1 Victoria branch went into administration following costly legal battles and ...
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Coates breaches GFB by offering back pay in direct ballot
WFD: 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 ...
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Ford workers stood down
Ford has confirmed it has stood down 1800 workers in Melbourne due to the collapse of parts supplier CMI Industrial which has been placed in receivership. Ford said the workers would be stood down until next Wednesday (May 2), with Monday having been previously scheduled as a rostered day off. The workers would be paid 50% of their wages for today ...
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Sacked Toyota workers file Federal Court claim despite employer threat
WFD: Maurice Blackburn (MB) has this week (April 22) 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...
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RTBU opposes axing 12-hr shift cap
The Rail Tram and Bus Union (RTBU) has condemned a National Transport Commission proposa l to remove the 12-hour shift limit for NSW train drivers under a 'harmonised' national approach. NSW is the only state with the limit, although Qld is considering a similar cap. Under NTC draft recommendations, hours would be harmonised between states, putting...
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Vic Govt dept to pay 72-year-old detention centre guard $20k
Fair Work Australia has awarded $20,419 compensation to an elderly youth corrections officer who the Victorian Department of Human Services sacked after six youths beat him up and escaped from a detention centre when he opened a cell to give an inmate a roll of toilet paper. Joseph Fagan was 72 at the time of the incident on May 19, 2010 at the Mel...
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Full bench allows near-maximum compensation for unfair dismissal
WFD: 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 wr...
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CFMEU members seek to opt out of Newlands Coal EA for more money
WFD: 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 bonus...
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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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FWA rejects ‘careless' non-union EA over mandatory notice requirement
Fair Work Australia has rejected a flight services contractor's Australia-wide non-union agreement despite overwhelming support from its hundreds of employees. The tribunal found the “poorly drafted” EA did not mean what it said it meant and contractor Aero Care Flight Support Pty Ltd had failed the “mandatory requirement” t...
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FWA greenlights full bench penalty rates review
Fair Work Australia will this month start a review of penalty rates as part of its modern awards review process, FWA President Justice Iain Ross has announced . Justice Ross said the award review process had thrown up a number of "common issues" including penalty rates; apprentice, trainee and junior wages; award flexibility; annual leave; and publ...
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FWA greenlights full bench penalty rates review
Fair Work Australia will this month start a review of penalty rates as part of its modern awards review process, FWA President Justice Iain Ross has announced . Justice Ross said the award review process had thrown up a number of "common issues" including penalty rates; apprentice, trainee and junior wages; award flexibility; annual leave; and publ...
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FWO shifts focus to 'risky' business
Fair Work Ombudsman Nick Wilson has served notice on big business to get its house in order, warning the workplace regulator is going to take a closer look at companies intent on "pushing the boundaries" of workplace laws in the name of productivity. Speaking at the Australian Industry Group's PIR Conference in Canberra, Wilson's said scrutiny of "...
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HSU interim report pushes urgent reforms on union procurement
An inquiry into allegations against the Health Services Union East has called for immediate reforms to the union's procurement practices after finding it awarded about $17 million in untested supply contracts over four to five years. Ian Temby QC and chartered accountant Dennis Robertson released the “for your eyes only” interim report ...
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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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