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Cutting injured man's hours was adverse action: court

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The Federal Circuit Court has held a social club in Sydney's Chinatown committed unlawful adverse action by cutting an injured worker's hours after he lodged a workers' compensation claim. The failure to call evidence from the manager who reported to the club's board and personally sacked the worker was key to the court's finding the decision was n...

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

‘You're all special': minister grants visas to offshore vessel workers

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WFD: Assistant immigration minister Senator Michaelia Cash has intervened to allow workers on offshore oil and gas vessels to continue to work without visas, which require Australian conditions of employment, by making a declaration they are all taken to have Special Purpose Visas (SPVs). Non-Australian workers in the offshore oil and gas sector we...

Senate committee to consider FWBC power extension

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WFD: The Bill extending the Fair Work Building and Construction's (FWBC) coercive powers has been referred to the Senate Standing Committee on Education and Employment. The committee , chaired by Nationals Senator Bridget McKenzie, is accepting submissions until April 10 and will report by May 8. Employment minister Senator Eric Abetz introduced th...

Govt stresses caution over min wage with inequality ‘stabilised'

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WFD: The Federal Government has argued this year's minimum wage panel should take into account the repeal of the carbon tax repeal and data suggesting income inequality had “stabilised”. The govt's submission to the 2014-15 annual wage review stressed the review was taking place at a time of “significant transformation” in t...

Unions call for expulsion of ‘anti-worker' Martin Ferguson

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WFD: Victorian unions have called for former federal minister and Australian Council of Trade Union president Martin Ferguson to be expelled from the Labor Party over what they say is his ‘anti-worker' stance on union regulation and electricity privatisation. On Friday (March 27) the Victorian Trades Hall Council (VTHC) executive unanimously ...

Pacific island bullying claim out of jurisdiction: FWC

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WFD: The Fair Work Commission (FWC) has rejected a stop-bullying order application from an Australian volunteer in the Pacific island of Kiribati, finding the location of his work and the identity of his employer meant it was beyond its jurisdiction. Even so, the cmn held the management actions - including a warning - were reasonable “overall...

Cutting injured man's hours was adverse action: court

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WFD: The Federal Circuit Court has held a social club in Sydney's Chinatown committed unlawful adverse action by cutting an injured worker's hours after he lodged a workers' compensation claim. The failure to call evidence from the manager who reported to the club's board and personally sacked the worker was key to the court's finding the decision ...

Court condemns MUA closed shop with record payout

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WFD: The Maritime Union of Australia (MUA) and a labour supplier have been ordered to pay more than $800k to two workers whom it prevented from being hired as cleaners on an offshore platform in WA due to a ‘closed shop' arrangement with the employer. Federal Court Justice John Gilmour dismissed most of the union arguments in determining it s...

Termination does not ‘automatically' prevent bullying order: bench

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WFD: A Fair Work Commission full bench has confirmed the cmn has no jurisdiction to make anti-bullying orders when an applicant's contract is terminated prior to a decision and there is no evidence bullying would continue to be a risk to the applicant at work. Dr Olusegun Obatoki had appealed Deputy President Anthony Kovacic's dismissal of his bull...

Accidental SMS no excuse for describing boss as ‘complete dick'

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WFD: An office administrator was not unfairly dismissed for accidentally sending a text message to her boss describing him as a “complete dick”, with the Fair Work Commission finding the text was serious misconduct. One of two employees at mineral exploration company Dragon Mountain Gold, Louise Nesbitt, mistakenly sent the text intende...

Cmr Ryan disobedience ‘of concern': bench

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A Fair Work Commission (FWC) full bench has reaffirmed that a proposed scope order must at least allow for “fairer or more efficient” bargaining, while also expressing concern that Commissioner John Ryan deliberately went against bench authority on the issue. The bench quashed Cmr Ryan's decision that the Fair Work Act required only tha...

Late return to work not industrial

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WFD: Private prison operator G4S would not have been paying strike pay to a union delegate who returned to work one minute after a protected stop-work meeting finished because his actions in that time could not be characterised as industrial action (WF 19/3/2015) . Federal Circuit Court Judge Justin Smith delivered reasons for his decision made ear...

ATO backs down over EA vote

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WFD: The Australian Taxation Office (ATO) has reversed its decision to take its proposed enterprise agreement (EA) to a vote, after concerns it would be rejected by its workforce. The decision comes as public sector industrial action intensifies, with a protected action ballot order (PABO) issued for the ATO, action approved at the employment depar...

Diary

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NSW IR Society Conference: May 22, Leura. More info here . Australian Workplace Relations Study conference, Fair Work Commission : June 25-26, at University of Melbourne. More info here .

Union super claim unfair to employers and low paid: AiG

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Australian Industry Group (AiG) has argued the Australian Council of Trade Union's (ACTU) annual wage review bid to increase the superannuation guarantee is unfair to low paid workers not covered by awards (WF 27/3/2015). The employer group's minimum wage submission noted the ACTU's claim for a 0.5% super increase could not be included in the min w...

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: 314021719565. Twitter: @WorkforceTR

Labour hire is outsourcing for transfer of business: FWC

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The Fair Work Commission (FWC) has held a company hiring a customer service worker through a labour hire company was outsourcing which attracted Fair Work Act transfer of business provisions. The ruling meant the worker could count her service with the labour hire company working for the host entity towards her subsequent time directly employed by ...

Unions condemn Qantas push for media gag and anti-strike powers

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Unions have condemned Qantas' controversial proposals to ban unions from talking to the media during bargaining - and docking workers' pay to recoup costs for protected industrial action that is later called off. The proposals are among a raft of reforms sought by Qantas in its submission last week to the Productivity Commission's workplace relatio...

Near-maximum penalties for defiant restaurant boss over underpayment

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The director of a seaside Italian restaurant has been fined close to maximum penalties following his “appalling” and “disgraceful” conduct in repeatedly ignoring a court order to pay a chef $4,225 in unpaid wages. Darna Pty Ltd and its director Yoav Oren ignored a 2014 order to pay chef Moshre Ittah wages owed over a three-m...
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