The Fair Work Commission (FWC) has found an accountant apparently engaged as an independent contractor by a life coaching and financial guru company was in fact an employee because of the company's control of his work and “personal” obligations for him to be an “ambassador” for the business. Nevertheless, Commissioner Susan ...
Contractor ‘guided by spirit' under control of financial guru
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High Court to hear MUA offshore visa challenge
The High Court has given special leave to hear the Maritime Union of Australia's (MUA) challenge of a decision by assistant immigration minister Senator Michaelia Cash to allow foreign workers to work in the offshore oil and gas industry on Special Purpose Visas (SPVs). On March 30 Cash issued a declaration that non-citizens in the offshore resourc...
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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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Compo wrong in dismissal over ‘catastrophic' safety breach: bench
A Fair Work Commission full bench has held the cmn made a “significant error” in granting $35k compensation to a worker sacked for a safety breach that created a “catastrophic risk” and constituted a valid reason for dismissal. Although the worker's dismissal was harsh and unfair, compensation should not have been ordered so...
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TURC referred 26, has 4 arrested, while running under budget
The Trade Union Royal Commission has spent less than half of its $61m budget intended to cover two years and is running under budget. The $28m spent as of June 30, 2015 and revealed today excludes any costs incurred for the Australian Federal Police (AFP) component of the cmn's police taskforce. TURC's budget and operational update notes its police...
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Family business gets off light over ‘record' $200k underpayment
The Federal Circuit Court has ordered a cafe and its owner to pay just $37,500 in penalties for more than $200k underpayments to the owner's nephew, who claimed he had been exploited for almost 30 years and originally sought an eye-popping $1.5m. In the unusual case where the plaintiff was successful because his great-uncle's death prevented explan...
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Domestic violence leave for Vic public sector
The Vic Government has announced a new provision for family violence leave will be included in all public sector enterprise agreements. Vic Minister for Women and the Prevention of Family Violence Fiona Richardson said as the state's largest employer the new clause could affect a significant number of people and sent “a clear message” t...
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One person PABO allowed: FWC
In a novel decision, the Fair Work Commission has granted a protected action ballot order (PABO) to just one person. Peter Dale made the application against his employer the Australian Taxation Office (ATO), saying he was a bargaining representative. Commissioner Nicholas Wilson said he was satisfied Dale had genuinely tried to reach an agreement w...
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Heydon to rule on disqualification ASAP
Trade Union Royal Commissioner Dyson Heydon could decide as early as tomorrow on unions' application for him to disqualify himself on grounds of apprehended bias. The Australian Council of Trade Unions confirmed to Workforce Daily it had filed submissions by the 2pm deadline today that there was reasonable apprehension of bias against the cmr. Work...
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Urine not unjust in dual drug testing regime: bench
A Fair Work Commission (FWC) full bench has held that adopting urine as well as saliva testing in drug and alcohol systems outweighs workers' privacy concerns and such concerns must give way to managing safety in a high-risk workplace. The full bench - Senior Deputy President Jonathan Hamberger, DP Val Gostencnik and Commissioner Michael Roberts - ...
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Lawful to distribute Workforce on right of entry: bench
In a victory for the printed word in general and Workforce Daily in particular, a Fair Work Commission (FWC) full bench has ruled unions are allowed to distribute written information including news stories while exercising right of entry (RoE) to hold “discussions” with workers. On February 12, 2015 the Full Federal Court held that the ...
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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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High Court to examine sham contract ‘loophole'
The High Court is set to determine an appeal of a Federal Full Court ruling that if allowed to stand would create a loophole in the Fair Work Act's sham contracting provisions when a contract is made by a third party. Last Friday (August 14), Chief Justice Robert French and Justices Patrick Keane and Geoffrey Nettle granted the Fair Work Ombudsman'...
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Four more votes still needed for ABCC Bill
WFD: Senator John Madigan has clarified he voted for the second reading of the Federal Government's Australia Building Construction Commission Bill on August 17, despite his opposition to the substance of the legislation. A spokesperson for Madigan had told Workforce Daily Madigan voted for the Bill because “as a matter of policy” he vo...
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Heydon sets ACTU Thursday deadline for bias application
WFD: Trade Union Royal Commission (TURC) chief Dyson Heydon has given the Australian Council of Trade Unions (ACTU) and other parties until 2pm Thursday (August 20) to file a disqualification application on the basis of perceived bias for his now cancelled plans to address a Liberal Party fundraiser. On August 17, on application from the ACTU, Heyd...
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Heydon knew address was Lib event, says ignorant of fundraising
WFD: 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. But Heydon said he believed at the time that TURC would have concluded in 201...
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TURC referred 26, has 4 arrested, while running under budget
WFD: The Trade Union Royal Commission has spent less than half of its $61m budget intended to cover two years and is running under budget. The $28m spent as of June 30, 2015 and revealed on August 19 excludes any costs incurred for the Australian Federal Police (AFP) component of the cmn's police taskforce. TURC's budget and operational update note...
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ACTU to pursue Heydon disqualification bid
WFD: The Australian Council of Trade Unions (ACTU) will on Friday (August 21) 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 i...
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Family business gets off light over ‘record' $200k underpayment
WFD: The Federal Circuit Court has ordered a cafe and its owner to pay just $37,500 in penalties for more than $200k underpayments to the owner's nephew, who claimed he had been exploited for almost 30 years and originally sought an eye-popping $1.5m. In the unusual case where the plaintiff was successful because his great-uncle's death prevented e...
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Reg Orgs Bill rejected again, making way for possible double dissolution
WFD: Late on August 18 the new Senate 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 att...
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