WFD: The Greens have responded to the 7-Eleven wage scandal by proposing legislation that would hold head office franchisors accountable for underpayments by their franchisees. IR spokesperson Adam Bandt this week gave notice of theFair Work Amendment (Recovery of Unpaid Amounts for Franchisee Employees) Bill 2015 that would allow workers to claim ...
Greens push to put franchisors on the hook for wage scams
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No more ‘457 visas for sale', as Govt introduces Bill
WFD: The Federal Government has introduced a Bill making it unlawful to make or receive payments to secure work visas, with employers who breach the laws to face jail terms as well as fines. The Migration Amendment (Charging for a Migration Outcome) Bill 2015 , introduced into the House of Representatives yesterday by the Minister for Immigration a...
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Dept to ‘allay fears' over payments definition in new PPL scheme
WFD: Coalition senators have acknowledged the need for further consultation over definitions of "primary carer" pay and leave in the Federal Government's Bill to end "double dipping" on paid parental leave (PPL) but otherwise recommend the Senate pass it unchanged. In their report handed down this week, the Coalition members of the Senate Community...
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Union officials ‘personally responsible for fines': judge
WFD: The Federal Court has for the first time ordered the construction union not to reimburse its officials for individual penalties over industrial breaches, while slapping two organisers with a total fine of almost $50k. Justice Geoffrey Flick also upped the Construction Forestry Mining Energy Union's (CFMEU) fine to $225k to better serve as a de...
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District allowances permitted in national awards: Full Court
WFD: A 4.28% allowance for “the exigencies of working in Broken Hill” was not a state-based difference term prohibited in modern awards but a ‘disability' allowance that compensated for remote locations, the Full Federal Court has held. The case confirms that district-based allowances are not prohibited in modern awards. On May 7,...
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Secret notes scupper dismissal claim
WFD: The Fair Work Commission (FWC) has rejected the unfair dismissal application of a man who refused to provide all his notes relating to his dismissal and financial records of earnings since his sacking. The case serves as a warning that a failure to strictly comply with FWC orders can scupper an unfair dismissal application, regardless of the m...
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CFMEU to sue police over TURC taskforce raid
WFD: The Construction Forestry Mining Energy Union (CFMEU) has announced it is suing the Australian Federal Police (AFP) over the Trade Union Royal Commission (TURC) taskforce's raid of its head quarters in Canberra last month. The AFP searched and seized material at the CFMEU's Canberra office on August 25, looking for evidence relating to allegat...
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Senior Mirvac executive directed work on Hanna house
WFD: An ex-Mirvac project manager has pointed to the company's former head of Qld construction as the man behind the arrangement to pay for construction of a union boss's house, the Trade Union Royal Commission has heard. Matthew McAllum took the stand most of this week to give evidence, as he was the man who oversaw the supply of tradespeople to t...
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New FWC members appointed with employer backgrounds
WFD: The Federal Government has appointed three new Fair Work Commissioners and promoted former Australian Mines and Minerals Association (AMMA) exec Commissioner Geoffrey Bull to Deputy President. The new appointees made on Sept 17 are: Lawyer Tanya Cirkovic, a principal of Melbourne boutique employment law firm Tanya Cirkovic & Associates BHP...
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‘I think it's a duck': contractor ‘uncomfortable' over BLF boss work
WFD: A contractor forewent pay for work on the house of ex-Builders Labourers Federation (BLF) Qld boss Dave Hanna after becoming “extremely uncomfortable” when the Mirvac manager asked him to cover up the costs through false invoices, the Trade Union Royal Commission has heard. Value Added Engineering Group (VAE) CEO Ben Carter said th...
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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 at the start of the week as part of Brisbane hearings investig...
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Employers and workers win new controls over ‘excessive' leave
WFD: Employers have won the power to force workers to take annual leave - but it only comes into force when they have ‘excessive' leave balances of eight weeks plus. This follows the Fair Work Commission full bench adding the clause to 70 modern awards as part of its four-yearly review (WF 12/06/15) . The power comes with a number of employee...
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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 : 314021719795. Twitter: @WorkforceTR
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NTEU sues Curtin uni for abuse of fixed term contracts
The National Tertiary Education Union (NTEU) has sued Curtin University alleging it breached its enterprise agreement (EA) by keeping two staff on a series of fixed-term contracts for up to 20 years. The NTEU, represented by Maurice Blackburn, has alleged the two staff lost more than $260k in redundancy and other entitlements as a result. The union...
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Boral reaches unique settlement over CFMEU black ban
Boral has reached what it says is a “groundbreaking” settlement of its secondary boycott case against the Construction Forestry Mining Energy Union (CFMEU), with the union forced to pay the company $4m plus costs. The concreter claims the amount, with legal costs to be agreed or assessed by the court, could see the CFMEU pay a total $7-...
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Court stymies police CFMEU ACT investigation
The Construction Forestry Mining Energy Union (CFMEU) has won an interim injunction preventing the Australian Federal Police (AFP) from using material taken in a raid from the union's ACT headquarters last month.The CFMEU is suing the AFP alleging the raid was unlawful ( WF 16/09/15 ) and had sought an interim injunction to stop the police examinin...
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Manager who collared shoplifters dismissed unfairly: FWC
The Fair Work Commission has held Coles Supermarkets unfairly dismissed a manager who confronted two suspected shoplifters and grabbed one by the collar. That was because the supermarket dismissed her without notice for the conduct days after letting her return to work. Coles sacked night-fill manager Kellie Smith after an incident with two female ...
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Redundancy of 20-yr veteran harsh
The Fair Work Commission has awarded a retrenched long-serving employee more than $5k compensation after finding his employer's failure to consult or to consider his age, English level and length of service made his otherwise genuine redundancy unfair. Deputy President Val Gostencnik ordered Sleepeezee Bedding Australia pay the production worker $5...
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Ex-Mirvac manager lied to police to protect ‘mentor': TURC
An ex-Mirvac project manager has confessed to the Trade Union Royal Commission that he lied to police about his superior's role in having the company pay for work on the house of Builders Labourers Federation (BLF) Qld boss Dave Hanna. The superior, then Qld construction director Adam Moore - who has since left Mirvac and claims he had limited invo...
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CPSU blasts Border Force ‘strike breakers' in 10 day strike
The Community and Public Sector Union (CPSU) has accused the Australian Border Force (ABF) of using managers as strike-breakers to prevent disruption to international travel, cargo and mail from the union's 10 days of industrial action. Immigration and ABF members went on a two-hour strike in both the morning and evening peaks today (September 21) ...
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