Two senior managers of a lift services company breached contractual and fiduciary duties by leaving to set up a competitor, where they then used confidential information about their former clients, the Federal Court has found. The decision highlighted the dangers of poaching employees from competitors, as the new lift company's director was found l...
Ex-managers facing damages bill for lifting confidential info
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Govt and unions in penalty rate stoush ahead of FWC review
Unions and the federal Labor opposition are demanding the new Turnbull Coalition government rule out cuts to Sunday penalty rates just weeks ahead of the Fair Work Commission's (FWC) first hearings on penalty rates in the retail award. Appearing on ABC radio's AM yesterday (September 30) new employment minister Senator Michaelia Cash said she ̶...
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Non-EA Chinese company ‘donated' $100k plus to CFMEU
A Chinese property developer donated more than $130k to the Construction Forestry Mining Energy Union (CFMEU) NSW over three years, despite none of his construction companies entering into enterprise agreements with the union. The Trade Union Royal Commission this morning was investigating whether union secretary Brian Parker had an agreement with ...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Helen Jones. Twitter: @WorkforceTR
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Deceptive doc restrained from running rival practice
WFD: 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 be...
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Overzealous first and final warning made dismissal harsh: FWC
WFD: 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 fi...
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‘Groundbreaking' Gorgon EA comes into operation this week
WFD: 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 work...
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Fixed-term appointments would bring US-style problems: AMMA
WFD: 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 co...
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Full bench to determine challenge to ‘after-hours' precedent
WFD: A Fair Work Commission 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 colle...
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PC recommendations would gut collective bargaining: ACTU
WFD: 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 wor...
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Govt and unions in penalty rate stoush ahead of FWC review
WFD: Unions and the federal Labor opposition are demanding the new Turnbull Coalition government rule out cuts to Sunday penalty rates just weeks ahead of the Fair Work Commission's (FWC) first hearings on penalty rates in the retail award. Appearing on ABC radio's AM on September 30 new employment minister Senator Michaelia Cash said she “we...
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Ex-managers facing damages bill for lifting confidential info
WFD: Two senior managers of a lift services company breached contractual and fiduciary duties by leaving to set up a competitor, where they then used confidential information about their former clients, the Federal Court has found. The decision highlighted the dangers of poaching employees from competitors, as the new lift company's director was fo...
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Top Ten WR Decisions (July-Sept)
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...
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Top Ten IR Decisions (July-Sept)
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...
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FWC to judge ‘dick pic' dismissal
WFD: 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 ...
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FWC sues WA nurses' union
WFD: 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 was set to hold a case management hearing October 2 after the FWC filed the action last ...
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Non-EA Chinese company ‘donated' $100k plus to CFMEU
WFD: A Chinese property developer donated more than $130k to the Construction Forestry Mining Energy Union (CFMEU) NSW over three years, despite none of his construction companies entering into enterprise agreements with the union. The Trade Union Royal Commission on October 1 was investigating whether union secretary Brian Parker had an agreement ...
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Diary
The Fifth Annual Ron McCallum Debate: October 6. Swissotel Blaxland Ballroom, Market St, Sydney. Debate on freedom to associate features Emeritus Professor Ron McCallum, TCFUA national secretary Michele O'Neil and AiG national IR director Stephen Smith. More info here . IR Society of NSW Practitioners' Day : October 16. K&L Gates, Sydney. More ...
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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 : 314021719815. Twitter: @WorkforceTR
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Precarious jobs need redistribution of security: academic
In an age of insecure work and ‘Uberisation' of jobs the most important struggle is not income redistribution but rather redistribution of security, a prominent labour economist and development academic has argued. University of London professor of development studies Guy Standing made the comments at a Centre for Workplace Leadership lecture...
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