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SDA acts like cartel with grocery duopoly: small business leader

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WFD: 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 comment...

Drunk kiss of co-worker after Xmas party not connected to employment

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WFD: 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...

FWC kills off workplace survey despite clamour for more data

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WFD: Fair Work Commission (FWC) general manager Bernadette O'Neill has revealed last year's Australian Workplace Research Survey (AWRS) is very likely to be its last, despite union and employer representatives using the AWRS conference to request more data to back their IR claims. Opening the AWRS conference on the 2014 report ( WF 30/01/15 ), O'Ne...

HSU Vic No 1 to appeal ‘lies' over entry permit cheating to Fed Court

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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...

Govt introduces Bill to cut PPL

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WFD: 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 paid leave (WF 15/05/15). The House of Representatives has referred the Fairer PPL Amendment Bill 2015 to the Senate Community Af...

Driver compensated $5k after being sacked for ‘stealing' $10

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WFD: 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 ...

HSU pursues Kathy Jackson despite bankruptcy

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WFD: 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 substant...

FWBC claims CFMEU coercion after builder raised draft code concerns

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WFD: 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...

Lawler ‘embarrassed' by need to defend role in Jackson house sale

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WFD: 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 FW...

Bargaining agent ‘authority' to make EAs goes to High Court

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WFD: 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 EA...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalist: Stephanie D'Souza. Managing Editor: Peter Schwab. Product Code: 314021719685. Twitter: @WorkforceTR

Diary

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ALP national conference : July 24-26, Melbourne. More info here . Australian Mines and Metals Association : August 6-7, at Pan Pacific, Perth. Speakers include Stuart Wood QC, Kate Carnell and Senator Zhenya Wang. More info here .

FWC sends free unfair dismissal lawyers to regional Victoria

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On the first birthday of its Melbourne based program, the Fair Work Commission (FWC) will expand its pro-bono legal services for unfair dismissal cases to regional Victoria. Starting from July 1, the program will provide a one-hour consultation to parties before their hearing date, with advice on: issues that have been raised, will likely be raised...

Treasury workers back govt's 1.5% pay offer

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The Treasury Department has become the first major agency to approve an enterprise agreement (EA) under the Federal Government's bargaining policy, approving a deal which grants three 1.5% pay rises over three years. Treasury staff this week “decisively” voted up the EA that grants a total 4.5% pay increase in return for “genuine ...

Metcher team cleans out national executive in CWU elections

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NSW-branch backed candidates have swept the Communications Workers Union (CWU) elections, with challengers expected to knock out the national executive after just one term and unseating officials in Qld and South Australia. Jim Metcher is also set to retain his more than 20-year leadership of the NSW branch, facing down a challenge from national in...

Unreasonable to axe labour hire workers to redeploy employees

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A senior Fair Work Commission (FWC) member has said that it would unreasonable to expect an employer to redeploy retrenched permanent employees into positions filled by labour hire. Senior Deputy President Peter Richards held aged care and retirement company TriCare made sales and marketing coordinator Christine Souter “genuinely redundant...

Qantas hands out 5% bonuses after freezing pay

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Qantas Airways employees who agreed to an 18-month wage freeze will receive bonus payments worth 5% of their base pay, the airline announced today. The airline said in a statement the estimated $90m in payments will be made to up to 28,000 employees after the release of its full-year results on August 20. The announcement puts pressure on other emp...

Baiada can ban NUW phones and iPads on entry visits: FWC

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The Fair Work Commission has held poultry producer Baiada can ban National Union of Workers (NUW) officials from carrying and using mobile phones, iPads or other devices with cameras during right-of-entry access to its sites. The NUW was in dispute with BPL Adelaide Pty Ltd, part of the Baiada Group, about its ban on visitors and contractors from b...

HSU warns Lawler on Jackson house sale before $2.5m trial

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The Federal Court has granted the Health Services Union (HSU) leave to continue its $2.5m case against former national secretary Kathy Jackson, despite the revelation on Monday (June 29) that she has declared bankruptcy ( WFD 29/06/15 ). The HSU has also stepped up the pressure on Jackson and her partner, Fair Work Commission Vice President Michael...

Facebooking tram driver sacked fairly after Twitter complaint: FWC

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The Fair Work Commission has rejected the unfair dismissal application of a Yarra Trams driver sacked for using his mobile phone while driving after a tweet from a concerned passenger. The decision highlights the perils of social media in the workplace, with the driver's alleged use of Facebook providing the valid reason for dismissal and a complai...
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