WFD: A doctor who abandoned a contract to provide medical services at a walk-in clinic must pay the company which ran the centre $234k damages, the Qld Supreme Court has ruled. The case highlights the fact when in breach of contract an independent contractor can be liable for lost profits for as long as the employing party takes to replace them wit...
Doctor forced to pay $200k for lost profits over breach of contract
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Employers need more ability to walk away from EAs: Ai Group
WFD: Employers should have increased ability to exit enterprise agreements (EAs) early when economic circumstances change and to terminate expired agreements, the Australian Industry Group (AiG) has said. AiG workplace relations policy head Stephen Smith made the comments in Melbourne on September 8 at the Productivity Commission's (PC) public hear...
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Senate motion to oust Heydon fails
WFD: Labor has lost in its bid to ask the Governor General (GG) to remove Dyson Heydon as head of the Trade Union Royal Commission due to apprehended bias (WF 4/9/15). The Senate's September 8 vote for Labor's motion resulted in a 34-34 tie, meaning it failed to pass. Independent Senator Nick Xenophon said he had “very serious concerns about ...
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End of supply contracts no excuse not to pay redundancy: FWC
WFD: The end of a supply contract does not automatically equate to an “ordinary and customary turnover of labour” which can justify refusing redundancy entitlements, the Fair Work Commission (FWC) has held. Commissioner Julius Roe clarified the cmn will consider how closely tied a workers' employment is to a particular supply contract a...
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‘Right to work' laws make unions work harder: Minerals Council
WFD: Union officials need to “feel the heat” of competition to provide the best outcomes for their members, as illustrated by US ‘right to work' (RTW) laws which “make unions work harder”, according to a report for the Minerals Council of Australia (MCA). Castalia Strategic Advisors report on Australia's workplace rela...
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Boral on hook for costs after flaws exposed in damages case
WFD: The Vic Supreme Court has ordered Boral to pay the construction union's “substantial” legal costs after the concreter sought to amend its case in the middle of its $20m damages trial. Boral acted after a Construction Forestry Mining Energy Union (CFMEU) commissioned expert report dealt a blow to its secondary boycott damages case a...
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Refusal to pay wages does not result in constructive dismissal
WFD: Non-payment of wages is not enough to establish that an employee was forced to resign and so entitled to claim unfair dismissal, the Fair Work Commission has ruled. Commissioner David Gregory held that centre manager Darren Vigfusson “overreacted” by quitting his job after Skycorp Investments Pty Ltd t/a Coventry Village failed to ...
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Gorgon workers don't miss out on pay and conditions with 23:10 roster
WFD: The union's precedent-setting agreement on a 23:10 roster at the Gorgon Gas project has maintained the pay increases and conditions that were attached to previously rejected roster offers, a Fair Work Commission statement has revealed (WF 4/9/15). The agreement - which Commissioner Danny Cloghan said was not presented on a “take it or le...
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Depression justifies late unfair dismissal claim: FWC
WFD: A worker who submitted an unfair dismissal application just 58 minutes late was entitled to an extension of time because her depression was an “exceptional circumstance”, the Fair Work Commission (FWC) has held. Deputy President Val Gostencnik accepted medical evidence that the applicant would have been affected in preparing and lo...
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Australia asleep at wheel on right to strike: Giudice
WFD: Although it is “highly undesirable” that Australia might be in breach of its international right to strike obligations there is little political impetus to roll back restrictions on it, former Fair Work Australia president Justice Geoff Giudice has said. Giudice made the comments in a paper on the right to strike in Australia to be...
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‘Scurrilous' gossip counts as bullying: FWC
WFD: Gossip and “scurrilous denigration of a worker” would all fall within the definition of bullying in the Fair Work Commission's (FWC) new jurisdiction, the cmn has said. Commissioner Danny Cloghan made the comment in a decision refusing to grant stop-bullying orders to a woman who fell out with her friend and neighbour resulting in ...
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Correction
Yesterday's report on the FSU stated that in January 2015 national secretary Fiona Jordan moved to cease three casual positions including the national president position (WF 10/9/15) . In fact, Jordan ceased a casual organising role held by the national president. The national president role is an elected position and remains unaffected.”
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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. Product Code : 314021719785. Twitter: @WorkforceTR
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Thomson misspent $300k from HSU, including on election: Federal Court
Disgraced former Health Services Union (HSU) national secretary and MP Craig Thomson misappropriated more than $300k from the union, including to pay for his Dobell election campaign, the Federal Court has held. Justice Christopher Jessup handed down his judgment today (September 11) in the Fair Work Commission's (FWC) case against Thomson, finding...
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Diary
Productivity Commission workplace relations inquiry public hearings : Perth (Sept 14), Adelaide (Sept 15), Sydney (Sept 17), Ipswich (Sept 21). More info here .
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Vic labour hire inquiry to draw from international regulation
A Vic Government inquiry into the exploitation of workers by labour hire operators is expected to draw from international jurisdictions when considering potential regulatory responses. Vic IR Minister Natalie Hutchins announced the 10-month fact-finding inquiry yesterday (September 10), with an extensive terms of reference including: phoenix compan...
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FWC looks at online conduct post-dismissal to find sacking was fair
The Fair Work Commission has taken into account "vitriolic" emails and Facebook posts from a funeral consultant to find his sacking for bullying and intimidation of his supervisor was not unfair. Deputy President Val Gostencnik said the consultant's post-dismissal email and Facebook activity "demonstrate that the [consultant] accepts no responsibil...
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7-Eleven franchisees move to collectively bargain
A group of 23 7-Eleven franchisees with the backing of head office have joined together to negotiate a collective agreement to address the systemic underpayments of visa workers ( WF 4/09/15 ). The Fair Work Commission today approved a single-interest employer authorisation for 23 franchisees to bargain for a proposed enterprise agreement (EA) that...
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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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Mirvac paid for construction work done to BLF boss's house: TURC
A Mirvac Constructions project manager arranged for a tiling company to contribute $30k of work to former Builders Labourers Federation secretary Dave Hanna's Qld home and cover it up by billing Mirvac, a tiling contractor has claimed. The Trade Union Royal Commission heard the evidence today as part of Brisbane hearings investigating whether Hanna...
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