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ETU claims Bechtel backdown over ‘political' leave ban

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The Electrical Trades Union (ETU) has claimed vindication in an adverse action case against Bechtel, after the construction company rescinded a ban on workers taking leave to attend an anti China Australia free trade agreement (CHAFTA) rally. On August 7, a Bechtel Construction (Australia) Pty Ltd manager at its Gladstone LNG site emailed superviso...

AWU takes legal action against Cleanevent over worker pay

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The Australian Workers Union (AWU) is taking Cleanevent to court over its decision to place employees on a modern award that fails to pay them Saturday penalty rates. The company fell back on to the Amusement, Events and Recreation Award after it consented to terminating its expired WorkChoices-era enterprise agreement (EA). The 2006 EA attracted c...

MUA wins workers' temporary reinstatement at Hutchison

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The Federal Court has ordered Hutchison Ports Australia (HPA) to rescind its decision to terminate 97 workers' employment and issued an injunction preventing any redundancies until it hears the Maritime Union of Australia's (MUA) case alleging HPA failed to consult. The MUA has been picketing HPA's Port Botany and Brisbane sites to protest its anno...

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

ACCC to test out statutory ‘barriers' to its intervening in IR

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The Aust Competition and Consumer Commission (ACCC) has many IR issues “on its plate” - possibly more “union-related major investigations than ever before”, ACCC head Rod Sims says . Sims said many cases raised before the Trade Union Royal Cmn (TURC) remain outside the ACCC's remit without statutory change. However, the alle...

ABCC Bill defeated in dead heat

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The new Senate has voted down the Federal Government's Australian Building and Construction Commission (ABCC) Bill on the second reading after failing to score the one vote necessary for its passage. Crossbench senators Glenn Lazarus, Ricky Muir, John Madigan and Jacqui Lambie opposed the Bill in the 33-33 result. Senator Nick Xenophon supported th...

FWO will proactively probe enterprise contracts: Harris

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The Fair Work Ombudsman (FWO) would proactively probe the legality of proposed new enterprise contracts (ECs), warn businesses of non-compliance and use compliant ECs to serve as templates for other businesses, the head of the Productivity Commission (PC) has said. PC chairperson Peter Harris made the comments in a speech about the PC's draft workp...

Heydon knew address was Lib event, says ignorant of fundraising

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Trade Union Royal Commission (TURC) chief Dyson Heydon has admitted organisers of the Sir Garfield Barwick address did inform him it was organised by a branch of the Liberal Party, and that he accepted the invitation in 2014 while still sitting as Royal Commissioner. However, Heydon said he knew it was a Liberal event in 2014 when the organiser pro...

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

Federal Court rejects Hutchison's ‘reverse slavery' injunction claim

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The Federal Court has rejected Hutchison Ports Australia's (HPA) claim that granting an interim injunction reversing its decision to sack 97 workers was akin “to a form of reverse slavery”. On August 13 Federal Court Justice Darryl Rangiah ordered HPA to rescind its decision to terminate the employees and restrained it from “termi...

Court to determine what ‘proper' reinstatement is

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The Federal Circuit Court is set to consider the scope of Fair Work Commission reinstatement orders after a worker sought penalties and compensation against her employer for allegedly reinstating her in a “tokenistic and begrudging manner” rather than in “real and practical terms”. Judge Stewart Brown said the case was likel...

Manager insulted by dwarf poster but FWC refuses bullying order

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The Fair Work Commission has refused to issue stop bullying orders despite finding a construction site manager was victim of inappropriate behaviour including a poster likening him to a dwarf, an email threatening to stop his pay and a dare to engage in an arm wrestle. Commissioner Julius Roe held the inappropriate conduct was committed by various ...

Reg Orgs Bill rejected again, making way for possible double dissolution

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The new Senate last night rejected the Fair Work Registered Organisation Bill for the second time, creating a double dissolution trigger for the Federal Government. Crossbenchers Jacqui Lambie, Glenn Lazarus and Ricky Muir joined Labor and the Greens to vote against the Bill 34 to 33. Speaking last night, Lambie said the Bill was an attempt to R...

Four more votes still needed for ABCC Bill

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Senator John Madigan has clarified he voted for the second reading of the Federal Government's Australia Building Construction Commission Bill yesterday, despite his opposition to the substance of the legislation. A spokesperson for Madigan had told Workforce Daily yesterday the senator voted against the ABCC Bill (WF 17/8/15) . However, this morni...

Heydon sets ACTU Thursday deadline for bias application

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Trade Union Royal Commission (TURC) chief Dyson Heydon has given the Australian Council of Trade Unions (ACTU) and other parties until 2pm Thursday to file a disqualification application on the basis of perceived bias for his now cancelled plans to address a Liberal Party fundraiser. Yesterday (August 17), on application from the ACTU, Heydon relea...

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

Court to determine what employer must do for a ‘proper' reinstatement

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The Federal Circuit Court is set to consider the scope of Fair Work Commission reinstatement orders after a worker sought penalties and compensation against her employer for allegedly reinstating her in a “tokenistic and begrudging manner” rather than in “real and practical terms”. Judge Stewart Brown said the case was likel...

Federal Court orders Jackson to pay HSU full $1.4m

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The Federal Court has ordered disgraced former Health Services Union (HSU) national secretary Kathy Jackson to pay the HSU $1.4m, as the union won its entire case against her for unauthorised personal spending and other civil claims ( WF 10/07/15 ). Today (August 19) Justice Richard Tracey gave judgment for the HSU, ordering Jackson - who filed a d...

Avoiding unions to undercut rates does not render EA unfair

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A Fair Work Commission (FWC) full bench has rejected union appeal arguments that two employers were manipulating the enterprise bargaining process by negotiating broad coverage enterprise agreements (EAs) with just a few workers. The bench noted one of the employers had made its EA to avoid negotiating with unions and to cut costs by 30% but it hel...

ACTU to pursue Heydon disqualification bid

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The Australian Council of Trade Unions (ACTU) will on Friday file an application for Trade Union Royal Commissioner Dyson Heydon to disqualify himself over perceived bias for accepting to attend a Liberal Party fundraiser (WF 18/8/15). Acting on behalf of a number of affiliated unions, the ACTU confirmed it had advised the cmn of its decision today...
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