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TJH exec says $300k to AWU covered up by ‘false' invoices

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The head of IR for Thiess John Holland (TJH)'s billion dollar Eastlink project has admitted he arranged with then-Australian Workers Union (AWU) Vic official Cesar Melhem to conceal the company's $300k payment to the union through invoices for various union services. Julian Rzesniowiecki told the Trade Union Royal Commission yesterday (October 13) ...

Govt considering Labor's ChAFTA safeguards

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The Federal Government has indicated it may be amenable to Australian Labor Party (ALP)'s amendments to require labour market testing for aspects of the China-Australia Free Trade Agreement (ChAFTA). Trade minister Andrew Robb has said the govt was considering Labor's proposals “in good faith” but cautioned incorporating it into legisla...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Journalist: Steph D'Souza. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Complaint over boss' ‘slut' comment led to contract's ‘expiry'

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An underwear store manager seen as an “HR expert” has successfully linked her sexual harassment complaint over her boss calling her “a little slut” to the company's refusal to extend her fixed-term contract. The Federal Circuit Court held the Lingerie Company of Australia (LCA) failed to discharged the reverse onus after fin...

Trucks were transport not goods, so award doesn't apply: Court

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WFD: Drivers ferrying trucks from importer to wholesaler are not covered by the Road Traffic and Distribution Award 2010 (RTD Award) because the vehicles were unladen and not “goods” themselves, the Federal Court has found. Justice Stephen Rares' judgment goes against a recent Federal Circuit Court ruling that found the award did apply ...

Govt considering Labor's ChAFTA safeguards

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WFD: The Federal Government has indicated it may be amenable to Australian Labor Party (ALP)'s amendments to require labour market testing for aspects of the China-Australia Free Trade Agreement (ChAFTA). Trade minister Andrew Robb has said this week the govt was considering Labor's proposals “in good faith” but cautioned incorporating ...

MUA makes deal for new EA in exchange for voluntary redundancy

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WFD: Maritime Union of Australia (MUA) and Hutchison Ports Australia (HPA) have reached an in-principle agreement to negotiate a new enterprise agreement by November 16, end parallel Federal Court proceedings and introduce an “enhanced voluntary redundancy process to the whole Hutchison workforce”. Workers and management entered into a ...

Govt considering visa worker policy; Greens claim 'all talk, no action'

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WFD: Greens IR spokesperson Adam Bandt has slammed the Federal Government's proposals to set up a working group to address the exploitation of visa workers for being all talk. This week, employment minister Senator Michaelia Cash announced a Ministerial Working Group “to consider further policy options to protect vulnerable foreign workers in...

Majority clauses back on the table

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WFD: “Majority clauses are one means by which award flexibility and efficiency may be increased by reducing the impact of multiple modern award coverage on employers,” said Fair Work Commission (FWC) President Iain Ross. Throwing the clauses back on the agenda for the first time in 15 years as part of the modern award review, Justice Ro...

FWBC cracks down on union side-deals

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WFD: The building watchdog has warned construction companies engaged on Federal Government-funded projects they cannot enter into side-agreement with unions after discovering one unnamed company had an unregistered deal to strongly promote union membership. Cathy Cato, Fair Work Building and Construction (FWBC) building code general manager, said t...

Absorption clause to go but loading link stays

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WFD: A five-member Fair Work Commission (FWC) full bench has agreed to scrap the standard absorption clause from modern awards but has backed away from an earlier proposal to change the way the casual loading applies to "all purpose" award allowances. The bench held that it was clear from the "arbitral background" that the modern award absorption c...

CFMEU history of breaches doesn't restrict Ravbar entry permit: bench

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WFD: Fair Work Building and Construction (FWBC) has lost an appeal to have Qld construction union secretary Michael Ravbar's entry permit revoked because he “tolerated” breaches by his union's organisers, after the Fair Work Commission (FWC) found its case was “riddled with unsubstantiated hyperbole”. Last week (Oct 9) a FWC...

Tertiary educated owners were ‘wilfully blind' in underpayment case

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WFD: A Federal Circuit Court judge has made a rare finding of “wilful blindness” against three BP petrol station owners who underpaid employees and breached award requirements. Judge John O'Sullivan said the trio's claimed ignorance of award requirements was less believable considering they each had a minimum masters degree education le...

Complaint over boss' ‘slut' comment led to contract's ‘expiry'

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WFD: An underwear store manager seen as an “HR expert” has successfully linked her sexual harassment complaint over her boss calling her “a little slut” to the company's refusal to extend her fixed-term contract. The Federal Circuit Court held the Lingerie Company of Australia (LCA) failed to discharged the reverse onus afte...

FIFO inquiry pushes discrimination law changes, ‘best practice' rosters

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WFD: Without endorsing or condemning even time rosters for fly-in fly-out (FIFO) workers, a Queensland parliamentary inquiry has recommended the government include “best practice principles for commuting, rostering and fatigue management” given the “variation” in practices in the resources sector. The Infrastructure, Plannin...

TJH exec says $300k to AWU covered up by ‘false' invoices

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WFD: The head of IR for Thiess John Holland (TJH)'s billion dollar Eastlink project has admitted he arranged with then-Australian Workers Union (AWU) Vic official Cesar Melhem to conceal the company's $300k payment to the union through invoices for various union services. Julian Rzesniowiecki told the Trade Union Royal Commission October 13 that he...

Shorten proposed $300k Eastlink deal: Sasse

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WFD: The former senior IR manager for Thiess John Holland (TJH) has told the Trade Union Royal Commission that then- Australian Workers Union (AWU) Vic secretary Bill Shorten proposed the employer fund an on-site union organiser, which he understood would have totaled $100k a year for three years. TURC restarted its inquiries on Monday (October 12)...

Turnbull govt reviewing Fair Work laws on penalty rates, bullying

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WFD: The Turnbull government is conducting a review of the Fair Work Act's anti-bullying jurisdiction and the penalty rates objective for modern awards, with submissions in by this week. The post-implementation review, flagged on the employment department website last month but not otherwise publicly announced, will report on the regulatory impact ...

Baiada to negotiate union EA at Adelaide in historic turnaround

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Exclusive After more than six years of resistance, poultry producer Baiada has finally agreed to negotiate a union enterprise agreement for its Adelaide factory - its only remaining non-union plant. The move comes in the face of huge public scrutiny this year over claims of migrant worker exploitation at the Adelaide factory which has some 500 work...

‘Smart arse' probationary employee wins adverse action case

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The Federal Circuit Court has ruled an investment bank took unlawful adverse action when it fired a “troublemaker” and “combative” probationary employee in part because he had made an informal complaint against his manager. FCC Judge Rolf Driver said BNP Paribas Securities Services' view of analyst Ryan Anderson as a “...
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