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Enterprise Contracts: what are they, even?

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A group of labour law academics have delivered a scathing criticism of the Productivity Commission's (PC) proposal for ‘enterprise contracts' (ECs), calling it “unclear”, “puzzling” and warning it would exacerbate an already complex IR system. In their reply submission to the PC workplace relations draft report ( WF 4/...

Consultation over family impact of roster relevant to forced resignation

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An employer's failure to consult with an employee over a new roster's impact on his ‘family and caring responsibilities' is relevant to whether he was forced to resign, the Fair Work Commission (FWC) has held. The consultation requirement is part of the model clause that FWC introduced into all modern awards from January 1, 2014. Jaymon Hocki...

TURC no plans to recall Shorten

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The Trade Union Royal Commission has said “at this stage” it does not propose to recall opposition leader and former Australian Workers Union (AWU secretary Bill Shorten when it resumes hearings into the AWU from October 12. However, it noted affected parties may seek authorisation to cross-examine him. The cmn will return next Thursday...

PC recommendations would gut collective bargaining: ACTU

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The Australian Council of Trade Unions (ACTU) has accused the Productivity Commission (PC) of recommending a raft of changes that would gut collective bargaining - including one proposal that may inadvertently prevent enterprise agreements from covering casual workers at all. The ACTU made the criticism in its submissions on the PC's draft workplac...

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

Facebook ‘likes' do not justify sacking

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A manager who ‘liked' Facebook customer complaints about the restaurant where she worked did not mean she sought to damage her employer's reputation and was not “relevant” to a valid reason for her dismissal, the Fair Work Commission has held. A Toscanis franchisee in Mackay, Qld, had accused its manager over allegedly failing to ...

Driver outed by Facebook post

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The Fair Work Commission (FWC) has said it was “reasonably open” for an employer to conclude its employee committed misconduct after it was tipped off by a post on Facebook. MSS Strategic Medical and Rescue Pty Ltd accused one of its emergency services officers (ESO) at BHP Billiton in the Pilbara of breaching safety standards after a F...

Feeling ‘fine' after booze bust did not pass pub test: FWC

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The Fair Work Commission has rejected the unfair dismissal application of a welder who claimed he “felt fine” when he was caught driving a forklift with a blood alcohol reading of 0.026% after consuming 20 cans of beer the night before. Commissioner Danny Cloghan rejected the worker's claims he was confused about the policy after noting...

FWC to judge ‘dick pic' dismissal

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The Fair Work Commission is set to decide whether it was fair to sack an employee who responded to a bullying investigation with a crude illustration of a penis, after rejecting a jurisdictional objection to the case. Last December 30 a MMA Vessel Operations Pty Ltd manager asked Palestina Milovale Masoe what he knew about an alleged bullying incid...

Deceptive doc restrained from running rival practice

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The Vic Supreme Court has issued an interlocutory injunction restraining a doctor from practising within 10km of his former clinic for four and a half months, in part due to lies he told the clinic when he set up the new practice. The case demonstrated the risk of setting up a rival business while subject to a restraint of trade, especially before ...

Return-to-work breach can cruel ‘valid reason' defence: FWC

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An employer's breach of return-to-work obligations in workers' compensation legislation could affect whether it has a valid reason to dismiss a worker because they cannot complete the requirements of their role, the Fair Work Commission has held. Deputy President Karen Bartel made the comment while accepting Qantas harshly dismissed a baggage handl...

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

Full bench to determine challenge to ‘after-hours' precedent

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A Fair Work Commission (FWC) full bench is set to decide on an appeal that could significantly lower the bar to dismiss employees over their after-hours conduct and potentially extend employers' reach into workers' private lives. The appeal concerns Vice President Adam Hatcher's controversial decision that found an employee's drunken kiss of a coll...

FWC sues WA nurses' union over late reports

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The Fair Work Commission (FWC) has initiated civil proceedings against the Australian Nursing and Midwifery Federation (ANMF) WA branch and its secretary Mark Olson for late financial reporting in three consecutive years. Federal Court Justice John Gilmour is set to hold a case management hearing this Thursday (October 2) after the FWC filed the ac...

Overzealous first and final warning made dismissal harsh: FWC

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First and final warnings have become the “disciplinary tool of choice in many workplaces regardless of the severity of the transgression”, a Fair Work Commissioner has lamented. Commissioner Michelle Bissett made the comment while finding an employer harshly dismissed a worker for breaching its alcohol policy because its earlier first a...

‘Groundbreaking' Gorgon EA comes into operation this week

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The Fair Work Commission has approved a landmark “family friendly” 23-days-on, 10-days-off roster deal reached with unions at Chevron's Gorgon Gas project (WF 11/09/15) . Workforce Daily understands 93% of voting CB&I workers supported the agreement, reached after almost two years of failed negotiations and on the verge of workers t...

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

Top Ten IR Decisions (July-Sept)

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1. Strike limits rejected The Federal Court rejected broad arguments to restrict the right to strike by finding parties were not prevented from taking protected action as a result of breaching bargaining orders if the orders were “spent” at the time the action was proposed (WF 06/07/15) . The decision has been appealed against to the Fu...

Top Ten WR Decisions (July-Sept)

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1. MUA scab poster In what is understood to be the largest hurt and humiliation assessment in an adverse action case, the Federal Court ordered the Maritime Union of Australia to pay $120k to five workers who feared for their lives due to a union poster 'naming and shaming' them as scabs ( WF 14/08/15 ) . (FWO v MUA (No 2) [2015], FCA 814 , 11/07/2...

Fixed-term appointments would bring US-style problems: AMMA

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The Australian Mines and Metals Association (AMMA) has strongly opposed a Productivity Commission (PC) recommendation to introduce fixed-term appointments to the Fair Work Commission (FWC) - claiming it would make the tribunal "like the US civil service when the presidency changes". AMMA also rejected the PC's proposed new ‘enterprise contrac...
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