Yesterday's (July 8) article ‘Employer donated $40k to Shorten 2007 campaign while negotiating EA' incorrectly stated Bill Shorten was Australian Workers Union Vic branch secretary until August 2007 (WF 19693) . Shorten resigned from the state branch position in 2006. However, he remained national secretary until November 2007.
Correction: Shorten quit Vic in 2006
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Dismissal over accidental conduct valid reason but still harsh
A bank customer service rep sacked for throwing out client documents shouldn't have been dismissed as she had done so inadvertently, the Fair Work Commission has ruled. Ordering compensation in lieu of reinstatement, Commissioner Anna Cribb said it was clear Pasqualina Repici was not happy at the Oakleigh branch of the Bank of Sydney and the workin...
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Dismissal over accidental conduct valid reason but still harsh
WFD : A bank customer service rep sacked for throwing out client documents shouldn't have been dismissed as she had done so inadvertently, the Fair Work Commission has ruled. Ordering compensation in lieu of reinstatement, Commissioner Anna Cribb said it was clear Pasqualina Repici was not happy at the Oakleigh branch of the Bank of Sydney and the ...
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Confidentiality in MUA bullying case does not back ‘culture of silence'
WFD : The Fair Work Commission has ordered that employee information provided to DP World Melbourne's workplace investigations be kept confidential in anti-bullying proceedings. Deputy President Val Gostencnik rejected argument that such orders would encourage the workplace's “culture of silence”. He agreed to make the order after consi...
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Labor slams Public Service Cmn on better deal than other depts
WFD : Australian Public Service Commission (APSC) staff have approved an enterprise agreement (EA) that Labor has criticised for offering pay increases “three times” the size of those offered to other public servants “with no loss of entitlements or conditions”. On Monday (July 6) employment minister and minister assisting t...
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Redundancy despair does not justify Alexander Spirit strike: FWC
WFD : The Fair Work Commission (FWC) has ordered the Maritime Union of Australia (MUA) to cease industrial action on the Alexander Spirit oil tanker, holding psychological impacts of redundancy do not justify strike action for health and safety concerns. However, at press time the MUA announced it would appeal the decision. On Friday (July 3) Calte...
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Casuals may not be eligible for unfair dismissal: VP Hatcher
WFD : All casual employees may be barred from making unfair dismissal claims if a Fair Work Commission (FWC) full bench does not revisit an authority about the application of unfair dismissal provisions to certain fixed term employment contracts, Vice President Adam Hatcher has warned. VP Hatcher said the obstacle to casuals applying for unfair dis...
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Employer donated $40k to Shorten 2007 campaign while negotiating EA
WFD : Opposition leader and former Australian Workers Union secretary Bill Shorten failed to declare a $40k donation to his 2007 federal election campaign in the form of wages for his campaign director. The wages were paid by an employer who was renegotiating an enterprise agreement with the AWU that year. Responding to evidence revealed in the Tra...
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WA minimum wage rises $2 less than national safety net
WFD : The WA Industrial Relations Commission (IRC) has lifted its minimum wage by 2.1%, $2 a week less than the national 2.5% increase which was replicated in SA. On July 2, the WA IRC ordered a $14-a-week increase to $679.90 a week, or 2.1%. The 2.1% increase is less than the state's increase last year of 3.09% ( WF 13/06/14 ) and the Fair Work Co...
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Caltex crew refuses to sail due to 'premature' sacking
WFD : The crew of the Alexander Spirit oil tanker has refused to sail from Tasmania to Singapore after Caltex told them the journey would be their last and refused to guarantee the ship would return with the Australian crew. The Maritime Union of Australia (MUA) last week accused Caltex of making the 36 workers redundant to take on “cheap for...
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Mylan $216k in red despite $300k settlement from HSU NSW
WFD : The Health Services Union NSW (HSU) has paid $300k to settle a cross-claim for unpaid entitlements by its former deputy secretary Peter Mylan in a move it says will save it almost $500k in superannuation payments. But Mylan is still down $216,400 despite the settlement, because he has incurred $400k in costs and received just $183,600 from th...
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Facebooking tram driver sacked fairly after Twitter complaint: FWC
WFD : 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 c...
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Jackson broke law on donations to other unions' elections: HSU
WFD : The Health Services Union (HSU) is pushing for a broad interpretation of the Fair Work (Registered Organisations) (RO) Act in its $2.5m case against former national secretary Kathy Jackson, arguing the law bans use of union funds not only in the union's own elections but in other unions' as well. The HSU's counsel Mark Irving made the submiss...
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'2500 to Darren' text sticks out amid CFMEU denials of kickbacks
WFD : It's the text message that can't be fully explained. In its hearings from June 19 to 30 into the Construction Forestry Mining Energy Union (CFMEU) NSW, the Trade Union Royal Commission laid out a series of text messages intercepted from the phone of underworld figure George Alex. The messages indicated cash was instructed to be left in a toil...
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Judge rejects indefinite bar on protected action after order breach
WFD : The Federal Court has rejected broad arguments to restrict the right to strike by finding parties are not prevented from taking protected action as a result of breaching bargaining orders if the orders are “spent” at the time the action is proposed. Justice Michael Barker held the Maritime Union of Australia's (MUA) late lodgement...
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Personal pay orders flagged for CFMEU ‘croc hunter' pretender
WFD : The Federal Court has flagged it will consider whether it can make orders to ensure union officials found to have breached industrial laws personally pay any penalties, rather than their union. Justice Geoffrey Flick raised the issue after ruling two Construction Forestry Mining Energy Union (CFMEU) Qld organisers breached right-of-entry requ...
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Bar Association steps in to back FWC over Lawler
WFD : The Bar Association defended the Fair Work Commission's (FWC) failure to discipline Vice President Michael Lawler over his role in helping partner Kathy Jackson during his extended sick leave. Lawler is under attack from sections of the media for assisting Jackson, the ex Health Services Union national secretary facing a $2.5m claim from her ...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Journalists: Steve Andrew, Annie Lawson. Managing Editor: Peter Schwab. Product Code: 314021719695. Twitter: @WorkforceTR
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Diary
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 .
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FWO targets individual workers over unlawful industrial action
Exclusive In what has been described as a “game-changing” move, the Fair Work Ombudsman (FWO) is seeking penalties and compensation orders against seven shipping crew members over their 20-day sit-in last year after they discovered they were going to be made redundant. It is the first time the regulator has targeted individual employees...
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