WFD: The Federal Court has held the meaning of discrimination under adverse action laws is narrower than under anti-discrimination laws, in a decision that found a traumatised train driver's symptoms of stress were not enough to show he had been fired because of his mental illness. Justice Melissa Perry partly allowed RailPro's appeal of Judge Deny...
Stress symptoms not enough for discrimination in adverse action law
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Full bench overturns cap on contracts at Essential Energy
WFD: Essential Energy has successfully appealed a Fair Work Commission (FWC) decision limiting its ability to place senior and higher paid employees on individual contracts. On appeal, Essential Energy successfully argued coverage under clause 1.3 of the company's enterprise agreement (EA) was determined solely by whether an employee's base weekly ...
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AWU undercut award for $25k fee, inflated membership: TURC
WFD: Casual cleaners at a major sports event company were short-changed by up to two thirds of their hourly rate after the Australian Workers Union (AWU) Victoria branch maintained an expired WorkChoices agreement that saved the employer millions of dollars a year in wages. The AWU agreed to keep the 2006 enterprise agreement (EA) past its 2010 exp...
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Editorial Team
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: 314021719635. Twitter: @WorkforceTR
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Diary
Committee for Economic Development of Australia : ‘Digital disruption and Australia's future workforce'. June 16, Melbourne. More info here . Australian Workplace Relations Study conference, Fair Work Commission : June 25-26, at University of Melbourne. More info here . ALP national conference : July 24-26, Melbourne. More info here . Austral...
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AWU ‘concealed' membership fees under fake invoices: TURC
The Australian Workers Union (AWU) has been accused of false accounting by allegedly concealing thousands of dollars in ‘membership fees' that it secured from Victorian civil construction company BMD Constructions. Following on from claims AWU Vic had agreed with cleaning company Cleanevent to $25k annual ‘membership fees' in return for...
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Modern award review eases access to leave entitlements
Employees will have easier access to sick leave on holidays and shift workers will get more annual leave due to changes in the four yearly modern award review. The changes were part of the Fair Work Commission review panel's rectification of a number of inconsistencies with the National Employment Standards, including clauses relating to taking ann...
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FWO uses accessory provisions to target security contracting
The Fair Work Ombudsman (FWO) has launched a prosecution against a national security company for being an accessory to subcontractor underpayments on the grounds it was aware the flat weekly rate did not meet minimum entitlements. The prosecution is understood to be the first time the agency has used the Fair Work Act's s 550 against a principle co...
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Lyons ‘free of politics' in new Per Capita job
Former Australian Council of Trade Unions (ACTU) assistant secretary Tim Lyons has announced he will research labour markets, inequality and democratic institutions at progressive think-tank Per Capita. Lyons announced his part time research fellow position on Twitter today (May 29). Lyons resigned from the ACTU in March after unsuccessfully challe...
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Bikie CFMEU member reinstated despite death threat claims
The Fair Work Commission (FWC) has reinstated a Construction Forestry Mining Energy Union (CFMEU) and Comanchero bike club member to his explosives job at a Newcastle coal mine after finding his employer had not substantiated its allegations of “threatening and intimidating behaviour”. That was despite hearing the chief-accuser was not ...
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Deed of release barred summary dismissal claim: court
The Federal Circuit Court has rejected a managing director's claim he was summarily dismissed in breach of contract, finding the fact he had signed a deed of a release was a “complete bar” to his claim. Judge Michael Lloyd-Jones rejected the employee's submission the deed was not valid because it was signed by a manager from his employe...
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Judges building ‘intention' element into adverse action: academics
Courts are “building in a requirement of intention” to adverse action provisions, reducing their effectiveness in protecting workers from discrimination. Senior discrimination law academics Associate Professor Anna Chapman and Professor Beth Gaze made the comments in a lecture hosted by the Fair Work Commission and Centre for Employment...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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High Court rejects challenge to tort of intimidation
The High Court has rejected the Construction Forestry Mining Energy Union's (CFMEU) challenge to the existence of a tort of intimidation, leaving intact a Vic Court of Appeal judgment as the highest Australian authority to substantially confirm the tort (WF 23/01/2015) . The CFMEU challenged the appeal court decision as part of its bid to overthrow...
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Melhem sheets blame for Cleanevent deal to AWU national
Former Australian Workers Union (AWU) boss Paul Howes' name has been dragged into the Trade Union Royal Commission, with ex-Vic secretary Cesar Melhem seeking to portray Howes as ultimately responsible for the rollover of a WorkChoices EA that short-changed casuals of up to two thirds of their penalty rates. Melhem - now a Vic Labor MP - claimed in...
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FWC orders MUA to stop ban on voluntary overtime at Patricks
The Fair Work Commission (FWC) has ordered Patrick Stevedores workers and the Maritime Union of Australia (MUA) to stop a covert overtime ban at Port Botany, despite acknowledging difficulties in enforcing its order because working overtime was voluntary. Commissioner Ian Cambridge noted difficulties including which and how many individuals would b...
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FWO defends decision not to prosecute $873k underpayment
The Fair Work Ombudsman (FWO) has been forced to defend its record of cracking down on exploitation of foreign workers, including its decision not to prosecute a Taiwanese company which underpaid workers $873k. At Senate Estimates today (June 2) ALP Senator Doug Cameron asked FWO representatives why the regulator had not prosecuted Chia Tung Develo...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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ILO commission to confront ‘future of work'
The International Labour Organisation (ILO) has launched an ambitious initiative around the future of work, with a high-level cmn to report in the next four years on the consequences of “tectonic” changes in the global economy. Opening the organisation's 104 th session this week, ILO director-general Guy Ryder said the future of work in...
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Min wage increases by 2.5%
The Fair Work Commission (FWC) annual wage review panel has opted for a more moderate minimum wage this year, deciding on a 2.5% increase or $16 a week. The decision , handed down this afternoon and due to come into effect July 1, increases the hourly min and modern award rate from $16.87 to $17.29 and the min weekly wage based on a 38 hour week fr...
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