The Fair Work Commission (FWC) has warned there are different Notice of Employee Representational Rights (NERR) in circulation and if you use the wrong one your application to approve an enterprise agreement (EA) must fail. The day before the Productivity Commission draft report recommended giving the cmn “wider discretion” to approve E...
Wrong URL could jeopardise EA bid, FWC warns
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High Court rejects bargaining ‘authority' appeal application
The High Court has rejected Kaizen Hospital's bid to challenge what is meant by “apparent authority” to bargain for an enterprise agreement (EA), putting the private hospital group on the hook for millions in underpayments and possible penalties. Kaizen had sought to challenge a unanimous Federal Full Court decision that upheld the Fair...
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Reinstatement without pay ‘novel': judge
The Federal Circuit Court's interim orders that Grill'd reinstate a worker on leave without pay pending resolution of her adverse action case are understood to be the first of their kind under the Fair Work Act. Publishing his reasons for the July 27 orders, Judge Philip Burchardt said Kahlani Pyrah's interlocutory application - represented by Unit...
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FWC to hear Hutchison MUA redundancy dispute
The Fair Work Commission (FWC) will consider issuing a stop industrial action order to Hutchison Ports Australia (HPA) employees today, after an interim order failed to stop Maritime Union of Australia (MUA) pickets protesting redundancies at the company. The union's pickets at Port Botany and Brisbane have continued despite HPA denying union claim...
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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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HR managers fined after forcing CFMEU-quitter off salary
The Federal Circuit Court has imposed $32k in penalties on Baulderstone and two of its senior HR managers for committing unlawful adverse action by forcing a worker who quit the Construction Forestry Mining Energy Union (CFMEU) off salary and onto an enterprise agreement. Ordering each of the HR managers to pay $3,500 - just over half the maximum o...
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Crossbench senators to introduce Bill to axe penalty rates
Senators David Leyonhjelm and Bob Day will introduce a Bill to remove the requirement for small business employers in the retail, hospitality and tourism industries to pay most forms of penalty rates. The Liberal Democrat and Family First senators unveiled the draft Fair Work Amendment (Penalty Rates Exemption for Small Businesses) Bill on August 4...
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Performance meetings twice a three-day-week not ‘nit-picking': FWC
The Fair Work Commission has refused to grant stop-bullying orders for a worker who complained that having to attend performance management meetings that occupied most of his working week was “nit-picking micromanagement”. Commissioner Michelle Bissett found the management plans were a reasonable way to address the man's poor performanc...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . ChiefJournalist: Paul Karp. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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MUA claims it is only at Hutchison pickets in ‘unofficial' capacity
Pickets of Hutchison Ports Australia (HPA) in Sydney and Brisbane have entered their fifth day despite the Fair Work Commission extending its stop industrial action orders to cover the Maritime Union of Australia (MUA). At 9pm last night (August 10) Deputy President Anna Booth amended her interim order from Friday (Aug 7) - which had only concerned...
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FWO takes No Land Tax party to court
The Fair Work Ombudsman (FWO) is taking legal action against the No Land Tax Party (NLTP) and its secretary Peter Jones for failing to pay its election workers in this year's NSW state election. Workforce Daily understands that despite promising up to 3,600 workers $30 an hour to hand out how-to-vote cards at poll booths on election day in March, t...
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MUA to pay record amount for scab poster damage to worker dignity
In what is understood to be the largest hurt and humiliation assessment in an adverse action case, the Federal Court has ordered the Maritime Union of Australia (MUA) pay $120k to five workers who feared for their lives due to a union poster ‘naming and shaming' them as scabs. The compensation involved a record $40k for one worker and constit...
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FWBC wins half its case against 74 individuals over CFMEU rally
In a landmark case brought by Fair Work Building and Construction (FWBC), the Federal Court has found 74 individual workers liable for taking unprotected industrial action when they left work to attend a rally organised by the Construction Forestry Mining Energy Union (CFMEU). But Justice Michael Barker has rejected its claim workers were liable fo...
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Courts can ‘rewrite' employment contracts to protect workers: jurist
UK courts interpret and “effectively rewrite” employment contracts as an important check on potential abuses of unequal bargaining power between employers and employees, a senior UK jurist has said. However, the courts are more limited when it comes to new types of employment arrangements such as zero-hours contracts and global outsourc...
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Mutual trust and confidence type obligations may rise again: jurist
The implied duty of mutual trust and confidence, struck down by the High Court last year, may be refashioned into common law employment contract duties, a senior UK jurist has predicted. Lord Justice of the UK Court of Appeal Patrick Elias, a former president of its Employment Appeal Tribunal, made the comments at a lecture on The Future of the Con...
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Lack of proof & policy spike hotdog & massage claims
A security worker fired after being accused of taking a Thai massage during his shift and wearing his gun while out for lunch was unfairly dismissed, the Fair Work Commission has found. Commissioner David Gregory held security company TCB Trading Pty Ltd's “unusual” failure to provide FWC a copy of its professional conduct policy meant ...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . ChiefJournalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Lambie flags new position on ABCC as calls for CFMEU deregistration
Senator Jacqui Lambie has grilled employment minister Senator Eric Abetz about why the government hasn't deregistered the Construction Forestry Mining Energy Union (CFMEU) and blasted the union for alleged criminal links. The statements sit at odds with her opposition to the reintroduction of the Australian Building and Construction Commission (ABC...
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Private sector pay rises fall to record low
Private sector wage increases dropped to a new low of 2.2% in the last financial year as Australia continues its longest period of low wage growth in more than 20 years. The Australian Bureau of Statistics' Wage Price Index (WPI) data released this morning (August 12) showed wage growth remained slow on a trend basis at 2.3% for the year to the Jun...
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TURC must end and Heydon resign over fundraiser: opponents
Labor, the Greens and unions have all called for Trade Union Royal Commission (TURC) chief Dyson Heydon to disqualify himself and for the entire Royal Commission to be shut down after revelations the cmr was billed as the star speaker at a NSW Liberal fundraiser. According to an invitation distributed by the NSW Liberal Party, Heydon was to deliver...
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