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Weekend work motivated by extra pay: employer studies

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Employer-commissioned studies to justify penalty rate cuts have revealed a large proportion of workers who choose to work on weekends do so for extra pay, undercutting industry claims that lifestyle choices and not penalty rates motivate weekend work. However, the studies also show that employees' willingness to work is relatively inelastic as pena...

PC's enterprise contracts may result in ‘take it or leave it' offers

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WFD: Leading employment academics have raised concerns the ‘enterprise contracts' proposed by the Productivity Commission (PC) in its draft workplace relations inquiry report may result in ‘take it or leave it' job offers imposed on new employees and could water down existing enterprise agreement (EA) conditions. The draft report releas...

HSU officials can't keep RoE permits pending appeal: FWC

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WFD: The Fair Work Commission (FWC) has refused to issue a stay order to allow two Health Services Union (HSU) Vic No 1 branch officials to keep their right of entry (RoE) permits, despite finding their appeal against their revocation stands a reasonable chance of success. On June 26, FWC Vice President Graeme Watson ordered revocation of HSU Vic N...

PC report a rebuff to deregulation radicals: academics

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WFD: The Productivity Commission (PC) draft workplace relations inquiry report has broadly supported the current IR system and rebuffed advocates of labour market deregulation, according to employment law experts. However, concerns have been raised its proposals may threaten Fair Work Commission (FWC) independence. The August 4 draft report found A...

CFMEU netted $1m+ from entities in possible ‘deception': TURC

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WFD: The Trade Union Royal Commission (TURC) will investigate more than $1m of payments to the Construction Forestry Mining Energy Union (CFMEU) from training, charity and income protection entities linked to the union. It will examine whether union enterprise agreements (EAs) garnering money for these entities breached competition law or obtained ...

FWC Cmr Blair retires, with 3 more retirements in the works

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WFD: Commissioner Wayne Blair has retired from the Fair Work Commission (FWC), and will shortly be followed by three more FWC members in coming months. Cmr Blair's retirement follows the early resignation of Deputy President Greg Smith in July, who was due to retire in December. Senior Deputy President Justice Alan Boulton will retire at the end of...

Sydney Opera House restaurant on notice over staff underpayments

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Exclusive WFD: The Sydney Opera House's iconic Opera Kitchen is being monitored over what is said to be a “pattern of behaviour” after the Fair Work Ombudsman (FWO) found it had underpaid a visa worker minimum rates and wrongly substituted meals and drinks for penalty rates and loading. The revelation comes as the company that owns the ...

FWC grants Grill'd a reprieve to negotiate new agreement

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WFD: The Fair Work Commission (FWC) has granted two months breathing space to burger chain Grill'd before terminating its WorkChoices-era agreement after considering the significant cost to it in switching to award rates. Commissioner Julius Roe made the decision last week in granting an application to terminate the agreement by Grill'd Camberwell ...

‘Dubious' business model blocks security guard's dismissal claim

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WFD: In what the Fair Work Commission has slammed as “dubious” and “borderline farcical”, a prominent South Australian security company's complex employment arrangements have nixed a sacked workers' unfair dismissal claim against it. Despite concluding security guard Alan Edge's confusion over his employer was “perfect...

FWO cracks down on local govt procurement of security contracts

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WFD: The Fair Work Ombudsman (FWO) is preparing to randomly audit metropolitan and regional councils over their tenders for security services to ensure they do not enable underpayments by subcontractors. FWO Natalie James said “councils need to consider whether their procurement processes and subsequent governance of those arrangements create...

ANZ announces $500 a year boost to women's super

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WFD: The Finance Sector Union (FSU) has welcomed ANZ's decision to top up female employees' superannuation by $500 but signalled it will continue to press bargaining claims to raise base pay at the bank. On Wednesday (July 29) ANZ announced a number of measures to address the fact Australian women retire with about half the super balances of men du...

Teys gutted by ‘broken' IR system after court ends EA dispute

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WFD: Teys has launched an attack on the IR system and called for “major reform” after the Full Federal Court rejected the latest in 18-months of legal challenges over the quashing of its Beenleigh enterprise agreement. On Friday (July 31) the Full Court rejected the meat company's arguments for judicial review as a “chimera”...

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

Diary

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RMIT law research seminar series: ‘The Future of the Contract of Employment' by Lord Justice Elias. August 11, 12pm to 1:30pm. RMIT Building 13, Level 4, Room 2 405 Russell St, Melbourne. RSVP: Emily.Kersing@rmit.edu.au . Committee for Economic Development of Australia : Productivity Commission chairman Peter Harris keynote address on ‘...

Teys not giving up over EA as stands by High Court challenges

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Teys is continuing its two-year dispute over the quashing of its 2013 enterprise agreement (EA) with two High Court challenges, despite its latest Federal Full Court loss last week and blaming the Australasian Meat Industry Employees Union (AMIEU) for dragging the matter into the courts. That was even though it was Teys that launched all the appeal...

Accountant sacked after suspected of breaking into office

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In what it called a “highly unusual case”, the Fair Work Commission has held a small accounting business had reasonable grounds to summarily dismiss an employee it believed had broken into its office and taken files while he was under suspicion of disadvantaging the business. The case demonstrated the lower bar under the Small Business ...

APS needs more flexibility to hire and fire: Lloyd

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The public service needs greater flexibility to fire underperforming employees, as many are “stuck in the system”, consistently underperforming and with greater dismissal protections than ordinary workers, Australian Public Service Commissioner (APSC) John Lloyd has said. At the Institute of Internal Auditor's public sector conference o...

CWU election may render divisional autonomy case unnecessary

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Communications Electrical Plumbing Union (CEPU) head Allen Hicks has deferred his court action to remove the union's divisional autonomy protections so as to allow newly elected national Communications Workers Union (CWU) officials to reach a position on the case. The court action could have significant ramifications for other amalgamated unions as...

Hutchison redundancies spark MUA pickets

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Hutchison Ports Australia (HPA) has sacked 100 workers overnight triggering Maritime Union of Australia (MUA) pickets at Brisbane and Port Botany , in what the union has already called the worst ‘union-busting' since the 1998 Waterfront Dispute. Last week the MUA accused HPA of deliberately reducing its workload to justify cutting 97 out of 2...

ETU to strike over Esso lockouts

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The Electrical Trades Union (ETU) has responded to Esso's week-long lockout with four rolling one-hour-stoppages-a-day as part of a long-running bargaining dispute for three new enterprise agreements (EAs). On Thursday (July 30) Esso began locking out maintenance workers for two hours a day from its Longford and Long Island Point oil and gas plants...
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