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‘Inadequate' right-of-entry meeting venues no justification for abuse

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The Federal Court has fined the Construction Forestry Mining Energy Union (CFMEU) $15k and an official $3k for verbally abusing an employer who directed him to meet workers in a shipping container that reached temperatures of more than 50 degrees. Justice John Gilmour accepted that in the 2012 incident at the Wheatstone LNG project CFMEU official B...

Rethink bullying investigations with informal preliminary stage

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Workplace bullying investigation processes should be redesigned to give aggrieved workers more support, with supervisors encouraged to first act in an informal fashion before escalating them, a conference in Melbourne last week heard. The recommendation follows a project testing the efficacy of organisational investigations into 342 workplace bully...

Employers paid CFMEU organiser $175k in bribes, TURC hears

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A former Construction Forestry Mining Energy Union (CFMEU) ACT branch lead organiser took payments totalling $175k from employers and asked one of them not to disclose the amounts of payments to the union, the Trade Union Royal Commission (TURC) has heard. In the first day of three weeks' hearings into the CFMEU ACT,TURC counsel assisting Jeremy St...

CFMEU boycotts TURC ACT ‘ambush'

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The Construction Forestry Mining Energy Union (CFMEU) has blasted the Trade Union Royal Commission (TURC) for setting an “unreasonable” timetable and refused to appear for what it labels an “ambush” with hearings on “unknown case studies”. The CFMEU's solicitor Phillip Pasfield of Slater & Gordon wrote to TUR...

Coles forced to up pay of casuals & juniors despite union deal

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Coles Supermarkets has agreed to lift the casual loading and junior rates in its enterprise agreement (EA) negotiated with the Shop Distributive Allied Employees Union (SDA) after the Fair Work Commission (FWC) told the supermarket giant changes were needed for it to pass the Better Off Overall Test (BOOT). Coles will also have to top up the pay of...

FWBC accuses major contractor of discrimination over non-union EA

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Fair Work Building and Construction FWBC) has launched legal action against ADCO Constructions, alleging it refused towork with a crane company because it had not signed a “bona fide” enterprise bargaining agreement (EBA) and after advising it to sign one with the union. FWBC alleges that ADCO breached unlawful discrimination provisions...

Cmr relied too much on GST to decide on indie contractor: bench

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A Fair Work Commission (FWC) full bench has quashed a decision that found a safety consultant was an independent contractor not an employee, after criticising the cmn member for “overly relying” on the worker's manner of remuneration. The bench - Vice President Joe Catanzariti, Deputy President Val Gostencnik and Commissioner Michael Ro...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . ChiefJournalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Revolution is over: Coco Cubano to pay $36k over ‘disgraceful' sacking

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The Fair Work Commission has blasted Sydney's Coco Cubano franchise's summary termination of a site manager as a “disgrace” after the owner sacked the woman by calling her “a bitch” and forcing her to take off her work shirt. Senior Deputy President Lea Drake slammed franchise owner Jon Reid for his “shoot from the hip...

Prison no excuse for late unfair dismissal application: FWC

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The Fair Work Commission (FWC) has rejected an unfair dismissal application lodged on behalf of a worker held in remand, finding imprisonment is not an ‘exceptional circumstance' that justifies a late application. GM Holden Ltd employee Shane Harris has been held on remand, without a conviction or bail, in Mt Gambier Prison since March 21, 20...

Editorial Team

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

CFMEU official takes away $20k from Maccas runs

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A former Construction Forestry Mining Energy Union (CFMEU) ACT lead organiser who collected up to $190k in alleged bribes from Canberra building companies insisted he be paid in cash, including at two meetings at McDonalds when he pocketed $20k in cheques, the Trade Union Royal Commission (TURC) has heard. Yesterday (July 13), TURC heard formwork e...

Coles cracks down on supply chain with ‘confidential' Baiada audit

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Coles has commissioned a national audit of all Baiada work premises in response to revelations the poultry producer's contracted labour hire companies were engaged in widespread migrant worker exploitation. Coles IR and policy managers Vicki Bon and Andrea Currie told the Senate's temporary work visa inquiry this morning that PricewaterhouseCoopers...

Posters not enough to block interim orders over EA ‘misrepresentation'

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The Federal Circuit Court has issued interim orders restricting declaration of results of a Carlton United Breweries (CUB) enterprise agreement ballot after claims a manager misled workers about of the nature of the agreement. Justice Mordy Bromberg said the Abbottsford brewery's efforts to dispel misapprehension was not enough to prevent the possi...

KFC working with FWO on Baiada supply chain response

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Kentucky Fried Chicken (KFC) is set to meet with the Fair Work Ombudsman (FWO) in response to its investigation revealing exploitation of migrant workers by labour hire firms engaged at factories owned by poultry producer Baiada. A spokesperson for the fast food franchise told Workforce Daily it had responded to a FWO letter in relation to the find...

Union EA a form of ‘protection': head contractor

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A head contractor has admitted in the Trade Union Royal Commission (TURC) to preferring subcontractors with union enterprise agreements (EAs) because they offered a form of “protection” from union disruption. On Monday (July13) Class 1 Form Pty Ltd director Elias Taleb gave a statement that Denham Constructions project manager Rodney Pe...

TURC probes ACT concrete pattern agreements

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All commercial concreters in Canberra came together in late 2013 to agree on identical rates for concreting work and above-award entitlements such as redundancy contributions, according to one employer witness before the Trade Union Royal Commission (TURC). Multi Crete Australia Pty Ltd director Clive Arona told the cmn today (July 16) the Construc...

Casual's loss of shifts not adverse action by dismissal: court

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The Federal Circuit Court has rejected the adverse action claim of a casual receptionist who stopped getting shifts six days after sheindicated she would make an underpayment inquiry to the regulator, with the court accepting her employer's evidence the changes were due to a downturn in work. Judge Robert Cameron found the receptionist's claim also...

Editorial Team

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

Aurizon on track after maintenance EA voted up

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A significant majority of Aurizon's construction and maintenance staff have approved a new enterprise agreement (EA) granting 4% pay rises each year for three years in return for forfeiting ‘legacy' conditions like a ‘no forced redundancy' clause. The maintenance EA means the train crews' deal is the last of the three Aurizon agreements...
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