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Employer surveillance to catch bludger's fraud was legitimate

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The Fair Work Commission has rejected a workers' compensation claimant's claim he was unfairly dismissed when his employer caught him bludging work by spying on him, with the cmn finding his fraud was serious misconduct justifying dismissal. Veolia Environmental Services (Australia) Pty Ltd bin auditor Peter Lawrence had been on modified duties aft...

CFMEU drug policy shows testing accepted in high risk workplace

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That a prominent union has jumped on the mandatory drug and alcohol (D&A) testing bandwagon shows resistance to the workplace practice is gradually loosening, an employment lawyer told a Melbourne conference last week. Herbert Smith Freehills partner Steve Bell told a work health and safety Legalwise conference that the Construction Forestry Mi...

FWC certificate no excuse for time extension in adverse action claim

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WFD: The Federal Circuit Court has ruled the Fair Work Commission (FWC) has no power to issue more than one certificate for general protections applications, in a decision ruling that a second certificate did not reset the deadline to lodge a court application. On July 3, Fair Work Commissioner Bernie Riordan issued labour hire worker Kia Wah Pang ...

FBEU NSW leadership at risk over award deal

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WFD: A challenge to Jim Casey's leadership of the Fire Brigade Employees Union NSW (FBEU) is set to be decided this afternoon (April 13) after a campaign stoush was stoked over last year's “milestone” award deal (WF 4/07/2014) . Fire and Rescue NSW (FRNSW) wellbeing coordinator Mark Dobson is challenging Casey on the ‘A New FBEU' ...

Absence of workers who voted up EA not an issue for fairly chosen

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WFD: The Fair Work Commission (FWC) has given its approval to a far-reaching enterprise agreement despite the fact the three employees who made the agreement no longer worked for the company. Last year a FWC full bench found mining contractor Main People's agreement did not breach the fairly chosen requirement (WF 24/11/2014) . It held there was no...

Fair Work Act covers Qld Rail: High Court

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WFD: The High Court has struck down Qld laws purporting to bring the privatised rail company's workforce into the state industrial relations system, finding the Fair Work Act covers Qld Rail. The decision restores the coverage of the workers' enterprise agreements along with their job security conditions. In 2013 the Newman government moved the wor...

Close call for Casey: FBEU NSW sec squeaks back in

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WFD: Fire Brigade Employees Union (FBEU) NSW secretary Jim Casey has been re-elected in an incredibly tight election decided by just 11 votes. At press time, Casey told Workforce Daily he had won the ballot with 962 votes to 951 for his opponent, Mark Dobson from the ‘A New FBEU' ticket. Five informal votes were cast. Turnout was low in the e...

Performance plan not bullying: FWC

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WFD: The Fair Work Commission has rejected the unfair dismissal application of a manager who refused to cooperate with performance management over his irregular hours and absence from the workplace. Senior Deputy President Peter Richards found the performance plan proposing the manager start and finish work at regular times was reasonable, and not ...

FWC opts for ‘saving lives' in rejecting urine testing concerns

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WFD: The Fair Work Commission has dismissed workers' privacy concerns over urine samples in drug testing as “of little realistic consequence” after holding detection of long-term drug use was a legitimate safety risk function. Commissioner Ian Cambridge upheld Port Kembla's proposed random saliva and urine testing regime, and rejected t...

Border Force to bring AFP powers to work visa crackdown: lawyer

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WFD: The merger of the Department of Immigration and Border Protection with Customs and the creation of Australian Border Force (ABF) from July 1 will create a tough new cop on the beat with extensive powers to investigate and prosecute violation of work visa conditions, a senior migration lawyer has said. Holding Redlich partner Maria Jockel said ...

Mining age cap for redundancy abolished but pay limits flagged

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WFD: A Fair Work Commission full bench has proposed introducing a new cap to redundancy pay in the black coal industry after deleting a discriminatory award provision that limited redundancy entitlements to workers under 60 years of age. In their four-yearly award review decision, Vice President Adam Hatcher, Senior Deputy President Jonathan Hamber...

Fair to sack manager for buying booze for employees: FWC

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WFD: A manager who bought two slabs of beer for an unofficial work Christmas party on his corporate credit card without authorisation and attempted to disguise it as a “supplier gift” was not unfairly dismissed, the Fair Work Commission has found. But Senior Deputy President Matthew O'Callaghan suggested the $115 purchase would not have...

Accessorial liability used to ‘name, shame and lubricate claims': lawyer

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WFD: Accessorial liability is becoming an increasingly important claim in employment law, as the Fair Work Ombudsman (FWO) uses it to “name and shame” executives while other litigants use it to “lubricate” claims to settlement, a senior employment lawyer has said. On April 15 People & Culture Strategies director Chris Ol...

FWBC fails to stop new entry permit for CFMEU ‘ring-master'

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WFD: Michael Ravbar's role as “ringmaster” of a union which incurred almost $1m in penalties for industrial law breaches since he became secretary was not a valid reason for rejecting his application for a right of entry permit, the Fair Work Commission (FWC) has ruled. Deputy President Jeff Lawrence tossed out an objection by Fair Work...

Pilot programs to stop FWC being ‘swamped' with claims

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WFD: The head of the Fair Work Commission (FWC) has raised concerns about general protection applications overwhelming the cmn's workload and is externally evaluating a series of pilot programs to increase the cmn's timeliness. Delivering a speech on Future Directions on March 6, President Justice Iain Ross outlined the “promising” earl...

CFMEU fined $45k for sacking ‘Trotskyist' organiser

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The Federal Court has ordered the Construction Forestry Mining Energy Union (CFMEU) to pay $45k in penalties for committing adverse action against its own organiser by sacking him for involvement in the Socialist Alliance (WF 13/02/2015) . However, Justice Debbie Mortimer decided not to award the money to the former worker, Muhammed Ali Sayed. She ...

AMWU official denied permit over six year old coercion

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The Fair Work Commission (FWC) has refused an application for a right of entry (RoE) permit from an Australian Manufacturers Workers Union (AMWU) official who incurred a $27k fine - and a further $298k for the union - in 2010 for coercion at the West Gate bridge project. Senior Deputy President Jonathan Hamberger dismissed concerns refusing a permi...

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 .

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: 314021719575. Twitter: @WorkforceTR

Bench backs orders for contractor documents in redeployment case

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Glencore Xstrata has failed to overturn orders that it produce documents relating to its staffing decisions last year at Collinsville coal mine on grounds that they might reveal internal deliberations on its industrial strategy. The related case turns in part on whether it was reasonable to redeploy retrenched workers to positions filled by contrac...
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