The Health Services Union's Federal Court claim against its former national secretary Kathy Jackson has been blown off course by news she is filing for bankruptcy, which may stay the proceedings. But the union has pushed ahead, applying for leave to continue its claim now worth $2.5m (including interest and costs) against Jackson. The substantive h...
HSU pursues Kathy Jackson despite bankruptcy
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . ChiefJournalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Drunk kiss of co-worker after Xmas party not connected to employment
In a significant decision, a senior Fair Work Commission (FWC) member has limited the reach of employment law into workers' private lives after finding a team leader's sexual harassment of a co-worker in a public bar above their work Christmas function did not have the requisite connection to employment. Vice President Adam Hatcher held it was not ...
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Lawler ‘embarrassed' by need to defend role in Jackson house sale
Fair Work Commission (FWC) Vice President Michael Lawler has said he is “acutely embarrassed” by having to explain his role in a plan to buy half of his partner Kathy Jackson's $1.2m property to help fund her defence in the Health Services Union's (HSU) claim against her. Lawler also said “attacks” against him within FWC hav...
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FWC rules ‘punitive' performance targets adverse action
The Fair Work Commission (FWC) has held that “improbable and unreasonable” performance targets are adverse action in a rare arbitration decision that awarded a former senior real estate manager $17k in lost wages and $3k for hurt and humiliation. Commissioner Nick Wilson found Gaetjens Real Estate general manager Lynn Masson-Forbes had ...
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Full Court redundancy ruling triggers $11m Serco payout
Serco Sodexho Defence Services will pay hundreds of its former employees a total $11m in redundancy benefits after abandoning three appeals seeking to discount the entitlements. The decision was triggered by last week's Full Federal Court FBIS decision clarifying employers need to do more than facilitate new jobs to qualify for discounts on ex empl...
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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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HSU Vic No 1 to appeal ‘lies' over entry permit cheating to Fed Court
The Health Services Union (HSU) Vic No 1 branch will appeal the Fair Work Commission's (FWC) decision to revoke its secretary Diana Asmar and one other officer's right-of-entry (RoE) permits after finding they cheated on the tests. On Friday (June 26) FWC Vice President Graeme Watson found Asmar and lead organiser Nick Katsis made inaccurate declar...
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FWC errs in focus on EBAs to reject modern enterprise award: Full Court
A Full Federal Court has told a Fair Work Commission (FWC) full bench to have another look at a modern enterprise award application it had rejected after lambasting the cmn for concentrating on “encouraging enterprise bargaining” without ensuring there would be a relevant safety net. Buildings material manufacturer CSR and its staff ass...
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Destroying expectation of extra shift was adverse action: Federal Court
The Federal Court has held an employer's decision to sub-contract out a Transport Workers Union (TWU) delegate's charter work was adverse action because it destroyed his expectation of extra work. However, Justice Melissa Perry concluded it was not unlawful because the company did so for business reasons despite a finding it had wanted to “se...
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SDA acts like cartel with grocery duopoly: small business leader
The Shop Distributive and Allied Employees Association (SDA) is in a “partnership” with Coles and Woolworths “which is as close as you can get to being a cartel without actually being one”, according to a small business leader. Council of Small Business of Australia (COSBOA) chief executive Peter Strong made the comments tod...
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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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Govt introduces Bill to cut PPL
The Federal Government last week (June 25) introduced legislation to stop workers using the Commonwealth's paid parental leave (PPL) scheme to supplement their existing company entitlements beyond a maximum 18 weeks leave paid at the minimum wage (WF 15/05/15). The House of Representatives has referred the Fairer PPL Amendment Bill 2015 to the Sena...
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Underpaying employer calls minimum wage ‘crazy', fined $228k
The Federal Circuit Court (FCC) has fined a Melbourne-based travel agency more than $228k after it put in place a sham contracting business model to avoid paying minimum rates and told its workers only the strongest would survive. Grandcity director Na Xu admitted she only paid employee Kate Zhang just over half the minimum rate under the retail aw...
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FWBC claims CFMEU coercion after builder raised draft code concerns
The construction union's ACT branch has defended claims it allegedly sought to coerce a builder to sign a union enterprise agreement (EA) by arguing it blocked the builder from accessing “union land” in response to safety concerns. Fair Work Building and Construction (FWBC) this week lodged a statement of claim in the Federal Court agai...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalist: Stephanie D'Souza. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Driver compensated $5k after sacked for ‘stealing' $10
The Fair Work Commission (FWC) has found a Qld delivery driver was unfair dismissed for stealing $10 from a client after finding he merely found, not stole, the money. Deputy President Ingrid Asbury said the employer's allegation of theft was “very serious” but the evidence was “far from satisfactory” to prove criminal condu...
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Correction
Workforce stories on Friday (June 26) ( WF 26/06/15 ) and Tuesday (June 30) ( WFD 30/06/15 ) incorrectly stated that Fair Work Commission (FWC) Vice President Graeme Watson recommended FWC should revoke the right-of-entry permit of Health Services Union Vic No1 organiser Steven Mitchell. In fact, VP Watson only recommended secretary Diana Asmar and...
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Bargaining agent ‘authority' to make EAs goes to High Court
The High Court is set to consider a special leave application next month about whether an enterprise agreement (EA) can be approved by an employer's bargaining agent even if the agreement does not have the employer's consent. Kaizen Hospitals is seeking to appeal a Federal Full Court ruling that upheld the Fair Work Commission's approval of EAs for...
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Destroying expectation of extra shift was adverse action: Federal Court
WFD: The Federal Court has held an employer's decision to sub-contract out a Transport Workers Union (TWU) delegate's charter work was adverse action because it destroyed his expectation of extra work. However, Justice Melissa Perry concluded it was not unlawful because the company did so for business reasons despite a finding it had wanted to R...
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