The Federal Circuit Court has held an employer's decision to restructure an ill worker's job was adverse action, but rejected other claims it was motivated by a WorkCover claim or bullied her. The finding of adverse action and discrimination hinged on the employer's admission it offered the accounts manager a role which paid $30k less in part due t...
Job restructure of ill worker was adverse action: court
↧
↧
No ‘split' in MUA: Tracey rebuts rival claims in leadership contest
Maritime Union of Australia (MUA) election candidate Will Tracey has rejected claims if he is elected as the union's national deputy secretary it would “effectively split the national office in two”. Western Australia-based Tracey is contesting the role of deputy secretary in the upcoming MUA election , which is due to get underway on T...
↧
FWC blasts summary dismissal for ‘forgery' with pro forma letter
A team leader sacked for “forging” a colleague's signature has been found to be unfairly dismissed after the Fair Work Commission ruled her action was a mistake and not unethical conduct. Deputy President Greg Smith ordered SAI Global Property (SAI-GP) pay Garima Manishi more than $17k, rejecting almost all her alleged breaches and ruli...
↧
TURC postpones findings on Jackson's $250k from Peter Mac
Trade Union Royal Commissioner Dyson Heydon has said he has deferred dealing with recommendations to prosecute Kathy Jackson for fraud until after the Federal Court proceedings against her, seeking to explain why he did not deal with her in his interim report last year (WF 19/12/2014) . Commissioner Heydon's interim report attracted criticism from ...
↧
Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalists: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
↧
↧
Membership ineligibility no bar for MSD: Federal Court
The Federal Court has rejected an employer's claim that unions cannot seek majority support determinations (MSDs) for agreements that would cover some workers who cannot be members of the union. The case confirms a Fair Work Commission (FWC) full bench decision that a union need only be the bargaining representative for one employee to apply for a ...
↧
Safety advisers not covered by awards
WFD: In what is understand to be the first ruling on the matter, the Fair Work Commission (FWC) has said that workplace health and safety (WHS) advisers are not covered by the modern awards and so not protected from unfair dismissal if they earn above the high income threshold. Deputy President Peter Sams determined a highly paid safety adviser wor...
↧
FWC cancels Aurizon EAs during bargaining despite union objections
WFD: Rail freight operator Aurizon has achieved a significant victory in its long-running blue with the rail union, with a Fair Work Commission full bench this afternoon cancelling its 12 enterprise agreements (EAs) in Qld and moving workers onto the award while they bargain for new EAs. The decision frees Aurizon from restrictive legacy conditions...
↧
Shorten right of entry notice to prevent abuse: RTBU
WFD: The Rail Tram and Bus Union (RTBU) has proposed giving unions the right to apply to shorten right of entry (RoE) notice periods, claiming employers abuse notice by moving workers off site. The proposal is contained in a letter from RTBU national secretary Bob Nanva to the ALP national president George Wright, for debate and possible inclusion ...
↧
↧
Unions call for access to employer accounts
WFD: The Rail Tram and Bus Union (RTBU) is leading a push to change Labor policy to legislate a requirement that employers reveal their confidential financial accounts with parties engaged in enterprise bargaining. The push for ‘truth in bargaining' is contained in a letter from RTBU national secretary Bob Nanva to the ALP national president ...
↧
Job restructure of ill worker was adverse action: court
WFD: The Federal Circuit Court has held an employer's decision to restructure an ill worker's job was adverse action, but rejected other claims it was motivated by a WorkCover claim or bullied her. The finding of adverse action and discrimination hinged on the employer's admission it offered the accounts manager a role which paid $30k less in part ...
↧
ACTU accepts single-person test but argues for consistency
WFD: The Australian Council of Trade Unions (ACTU) should reverse its acceptance of the Fair Work Commission's single-person test in the annual wage review, the Australian Catholic Council for Employment Relations (ACCER) has said. ACCER used its response to minimum wage submissions to call on the peak union body to return to its historical pursuit...
↧
Court rejects political opinion adverse action claim at HSU
WFD: The Federal Circuit Court (FCC) has rejected the adverse action claim of a Health Services Union Victoria No 1 branch (HSU) organiser who claimed secretary Diana Asmar sacked her due to her political beliefs and sexuality. Judge John O'Sullivan preferred Asmar's evidence that she sacked organiser Jayne Govan because of her poor work performanc...
↧
↧
Bill to cut unfair dismissal protections for immigration dept
WFD: A Bill to give police powers to the Department of Immigration and Border Protection (DIBP) proposes to exempt the dept from unfair dismissal claims if a worker is suspected of serious misconduct and to give powers for the dept to force workers to self-incriminate. The Australian Border Force (ABF) Bill , introduced to parliament on February 25...
↧
No ‘split' in MUA: Tracey rebuts rival claims in leadership contest
WFD: Maritime Union of Australia (MUA) election candidate Will Tracey has rejected claims his election as the union's national deputy secretary would “effectively split the national office in two”. Western Australia-based Tracey is contesting the role of deputy secretary in the upcoming MUA election , which is due to get underway on Tue...
↧
‘Disingenuous in extreme': DP blasts ‘serious misconduct' sacking
WFD: Fair Work Deputy President Peter Sams has slammed an employer - and questioned its legal advisers - for its “appalling” actions in changing the basis for an employee's dismissal more than a month after the event, resulting in her filing a late unfair dismissal claim. Describing the case as “quite extraordinary”, DP Sams...
↧
Appeal court overturns ‘Pyrrhic' mutual trust and confidence win
WFD: The NSW Court of Appeal has upheld the State of NSW's challenge against a finding it had breached the implied duty of mutual trust and confidence by informing two probationary teachers about various complaints against them. The Appeal Court also rejected the teachers' claim NSW breached a term of good faith. The decision indicates how vulnerab...
↧
↧
Sharing sensitive company docs with unions ‘unworkable': ACCI
WFD: The Australian Chamber of Commerce and Industry (ACCI) and employment minister Senator Eric Abetz have both slated a union bid to force companies to share commercially confidential information with bargaining parties as unworkable and disastrous for business. The Rail Tram and Bus Union (RTBU) proposed the policy for inclusion in the ALP platf...
↧
Membership ineligibility no bar for MSD: Federal Court
WFD: The Federal Court has rejected an employer's claim that unions cannot seek majority support determinations (MSDs) for agreements that would cover some workers who cannot be members of the union. The case confirms a Fair Work Commission (FWC) full bench decision that a union need only be the bargaining representative for one employee to apply f...
↧
TURC to grill Riordan over $500k ‘unapproved' loan to ALP
Exclusive The Trade Union Royal Commission will next week investigate former Electrical Trades Union (ETU) NSW boss now Fair Work Commissioner Bernie Riordan over his alleged unilateral decision to loan $500k of union money to the NSW Labor party, without approval from the union's committee of management. Sources have told Workforce that in Decembe...
↧
More Pages to Explore .....
