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One person PABO allowed: FWC

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WFD: 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 agreem...

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

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WFD: The Australian 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. Howeve...

Domestic violence leave for Vic public sector

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WFD: 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 messageR...

FWO will proactively probe enterprise contracts: Harris

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WFD: 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 ...

Contractor ‘guided by spirit' under control of financial guru

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WFD: 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 S...

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

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WFD: 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 “...

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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Productivity Commission workplace relations inquiry public hearings : Bendigo (September 4), Hobart (Sept 7), Melbourne (Sept 8), Canberra (Sept 11), Perth (Sept 14), Adelaide (Sept 15), Sydney (Sept 17), Ipswich (Sept 21). More info here .

Phoenix scaffolder and directors to pay $108k penalties

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In a significant judgment on phoenix companies' liability, the Federal Circuit Court has ordered a scaffolding company and three of its directors to pay a total of $108k in penalties to the Construction Forestry Mining Energy Union (CFMEU) for underpayments, adverse action and failure to provide payslips. John Roberts, represented by the CFMEU, bro...

Heydon adjourns disqualification bid as email reveals second invite

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Commissioner Dyson Heydon will decide by Tuesday (August 25) on whether to disqualify himself from the Trade Union Royal Commission on grounds of apprehended bias after the cmn heard further revelations that he received the invitation to the Liberal Party event twice. Cmr Heydon heard argument from the ACTU, the Construction Forestry Mining Energy ...

‘Whistleblower' employee not unfairly dismissed: FWC

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The Fair Work Commission has rejected an unfair dismissal case in which a self-described “whistleblower” was sacked for sending highly confidential work material to his personal email. Senior Deputy President Jonathan Hamberger said the conduct of Jingmin Zeng was serious enough to justify dismissal. On March 13, 2015 biotech company Ve...

Heydon to rule on disqualification ASAP

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WFD : Trade Union Royal Commissioner Dyson Heydon could decide as early as August 21 on unions' application for him to disqualify himself on grounds of apprehended bias. The Australian Council of Trade Unions (ACTU) confirmed to Workforce Daily it had filed submissions by the 2pm deadline on Thursday (August 20) that there was reasonable apprehensi...

CFMEU official fined $12k for threat to ‘go to war' with builder

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The Federal Court has fined Construction Forestry Mining Energy Union (CFMEU) official Jim O'Connor $12k for contempt of court over a threat to “go to war” with a builder. Justice John Mansfield found the threat was deliberate but accepted O'Connor had not realised it would place him in contempt of an earlier court order. In the main pr...

FWC grants accident pay over employer objections

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The Fair Work Commission (FWC) will introduce entitlements for up to a year's worth of accident pay into dozens of modern awards, despite objections from employers and governments that it would interfere with the incentive for injured workers to return to work. The Australian Council of Trade Unions and other unions sought the inclusion of clauses ...

Industries with ‘vulnerable people' not excused from WR obligations

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A childcare centre had a valid reason to dismiss a worker who had pushed a child, the Fair Work Commission (FWC) has found. However, the dismissal was unfair because the centre had unreasonably considered a range of other “highly improbable” claims of allegedly inappropriate behaviour in deciding to dismiss her, the FWC said. And it had...

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

AiG warns of business surge in costs over portable LSL

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The Australian Industry Group (AiG) has calculated that Victorian businesses could pay as much as $4bn if the state government agrees to implement a portable long service leave (LSL) scheme. The cost would be about four times what employers pay under the state's traditional LSL scheme ($900m) and was calculated at a levy of 2.7% of ordinary pay, as...

Heydon delays call on bias disqualification

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Trade Union Royal Commission (TURC) chief Dyson Heydon has indefinitely delayed announcing his decision on whether or not he will disqualify himself due to the unions' applications he must do so because of perceived bias. On Friday (August 21) Heydon heard applications from the Australian Council of Trade Unions (ACTU), Construction Forestry Mining...

Employers need safeguards too: Prod Cmn head

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The Productivity Commission (PC) sought to ensure employers had “safeguards” against excess employee market power when it made labour law reform suggestions such as banning clauses which restrict use of contractors, chairperson Peter Harris has said. Harris made the comments in a speech about the PC's draft workplace relations inquiry r...

ACCC pushes for phone-tapping powers against unions

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Phone-tapping powers would help bust union-organised cartels arranged by word-of-mouth and kept quiet by threats against witnesses, the Australian Competition and Consumer Commission (ACCC) has said. The ACCC made the comment in its submission on options for law reform to the Trade Union Royal Commission (TURC), released yesterday (August 24). The ...
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