The Australian Labor Party (ALP) national conference has resolved to limit fly-in fly-out (FIFO) work arrangements to “genuinely remote and temporary” projects and require companies to show it is “essential” for the undertaking. In a resolution passed on Sunday (July 26) the conference resolved to work with state and local g...
FIFO work should be last resort: ALP
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Savvy adverse action litigant's ‘unawareness' damaged case
A Federal Court has held an adverse action applicant's credibility was damaged when he made “implausible” claims that he was unaware how general protections worked when he made a complaint to his employer because he had used the provisions just 12 months earlier against a previous employer. Justice Richard White wholly rejected recruitm...
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Child protection law cruels accused paedophile's unfair dismissal case
A Fair Work Commission full bench has held that a Catholic school teacher facing child sex charges can't claim for unfair dismissal because a NSW child protection law makes it unlawful for a school to employ him. That was because sacking the then-suspended teacher to comply with the NSW Child Protection (Working with Children) Act 2012 meant the te...
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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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Morgan not giving up on set-off argument in sham contracting case
Pollster Gary Morgan has pledged to appeal a Federal Full Court sham contracting ruling to the High Court on grounds his company's above-award payments to workers should be set off against the entitlements the court ordered he pay them. The Full Court last week rejected Morgan company Linkhill Pty Ltd's case because it had not argued the set-off is...
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Vic Govt creates bargaining unit for public sector agreements
The Vic Labor government has created a new body to oversee public sector bargaining in the same week the United Firefighters Union (UFU) became the first Vic union to get a protected action ballot order (PABO) since the election of the Andrews govt. IR minister Natalie Hutchins said the unit would “provide assistance in bargaining negotiation...
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CEPU case could set ‘dangerous precedent' for other unions
Union leaders have been called on to consider intervening in a court case that could set a “very dangerous precedent” by removing protections for divisional autonomy in amalgamated unions. In an extraordinary letter sent to union secretaries and presidents yesterday, outgoing Communications Workers Union (CWU) national officials advised...
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Employer group win in major annual leave award case
WFD: All award-covered employees will be able to cash out annual leave and employers will have enhanced rights to direct them to take excessive annual leave as part of new model clauses granted in the Fair Work Commission's four-yearly modern award review. Australian Industry Group, which along with the Australian Chamber of Commerce and Industry c...
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Employer group win in major annual leave award case
All award-covered employees will be able to cash out annual leave and employers will have enhanced rights to direct them to take excessive annual leave as part of new model clauses granted in the Fair Work Commission's four-yearly modern award review. Australian Industry Group, which along with the Australian Chamber of Commerce and Industry coordi...
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Lawyer warns of ‘ripple effects' from blackmail charge for EA negotiation
A criminal blackmail charge against a union official for negotiating an enterprise agreement (EA) - even if accused of industrial coercion - would be a “novel” development which “rings alarm bells”, a senior criminal solicitor warns. Stary Norton Halphen principal Robert Stary made the comments to Workforce Daily today (July...
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CFMEU member arrested for alleged TURC perjury
An unfinancial member of the Construction Forestry Mining Energy Union (CFMEU) ACT has been arrested on a perjury charge after he denied to the Trade Union Royal Commission (TURC) that he had passed on a union organiser's demand for payment to his employer. Class 1 Form Pty Ltd employee Tuungafasi Manase is the first witness to be arrested for perj...
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ACCC investigating cartel conduct raised in TURC
The Australian Competition and Consumer Commission (ACCC) has announced it will investigate allegations of price-fixing in the Canberra construction industry, after new claims by a scaffolding subcontractor in the Trade Union Royal Commission (TURC). Today (July 30), the ACCC said in a statement it was aware of “serious allegations and eviden...
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‘Radical' super laws allow removal of union, employer directors: ISA
Industry Super Australia (ISA) has hit back at government plans to mandate one-third of super boards be made up of independent directors, arguing the plan constitutes an “unworkable” ‘one-size fits-all' model which will harm successful industry funds. ISA made the claim in a submission on the govt's draft legislation released by a...
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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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Suspicion not enough for small biz summary dismissal over IP ‘theft'
A senior employee at a small training and HR consultancy has been awarded $11,505 plus super after the Fair Work Commission found she was unfairly summarily dismissed over its suspicion she was stealing the firm's intellectual property (IP) to set up her own business. However, in only awarding five weeks compensation, Commissioner Peter Hampton fou...
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Don't rely on WACCI on EA matters: Federal Court
The Federal Court has warned employers not to take “short cuts” in enterprise agreement (EA) matters such as by “simply seeking out the advice of the WA Chamber of Commerce” without consulting experienced lawyers. Justice Debbie Mortimer made the recommendation in fining HNZ Australia Pty Ltd $9k for breaching its EA with it...
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CEPU case could set ‘dangerous precedent' for other unions
WFD: Union leaders have been called on to consider intervening in a court case that could set a “very dangerous precedent” by removing protections for divisional autonomy in amalgamated unions. In an extraordinary letter sent to union secretaries and presidents on July 28, outgoing Communications Workers Union (CWU) national officials a...
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ALP condemns 'disgrace' Martin Ferguson
WFD: The Australian Labor Party (ALP) national conference has condemned former Australian Council of Trade Unions president Martin Ferguson as a “disgrace” for comments allegedly harming the party and the labour movement. The censure, carried without dissent on July 26, comes weeks after the Vic ALP declined to expel Ferguson despite a ...
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ACCC investigating cartel conduct raised in TURC
The Australian Competition and Consumer Commission (ACCC) has announced it will investigate allegations of price-fixing in the Canberra construction industry, after new claims by a scaffolding subcontractor in the Trade Union Royal Commission (TURC). On July 30, the ACCC said in a statement it was aware of “serious allegations and evidence [i...
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Lawyer warns of ‘ripple effects' from blackmail charge for EA negotiation
WFD: A criminal blackmail charge against a union official for negotiating an enterprise agreement (EA) - even if accused of industrial coercion - would be a “novel” development which “rings alarm bells”, a senior criminal solicitor warns. Stary Norton Halphen principal Robert Stary made the comments to Workforce Daily on Jul...
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