The Fair Work Commission (FWC) has found that an employer had reasonable business grounds to refuse an employee's request to return to work part-time after maternity leave, and has rejected her unfair dismissal claim. Senior Deputy President Jonathan Hamberger said he was not satisfied it was the company's “action” in denying the reques...
Reasonable business grounds to reject part-time request: FWC
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Diary
Third Biennial Labour Law Conference of the NZ Labour Law Society : November 27. Victoria University, Wellington. Keynote speakers include Dr Virginia Mantouvalou on ‘Human Rights at Work', Professor Paul Secunda on superannuation and Professor Anthony Forsyth on the Productivity Commission report. More info here .
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Journalists: Steph D'Souza, John Reynolds, Kim Berry. Managing Editor: Peter Schwab. Product Code : 314021719835. Twitter: @WorkforceTR
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FWC's Lawler up for investigation over ‘concerns' and ‘complaints'
WFD: The Turnbull Government has appointed an independent investigator to address “a number of concerns” and complaints raised against Fair Work Commission (FWC) Vice President Michael Lawler. Employment minister Senator Michaelia Cash said this week that complaints were raised in media reports and directly to FWC president Iain Ross an...
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CFMEU-MUA merger to counter ‘legal minefield' for militant unions
The merger of the Maritime Union of Australia (MUA) and the Construction Forestry Mining Energy Union (CFMEU) will ensure Australia's two most militant unions can better face a more litigious and “anti-union” environment, MUA leaders have said. The unions made the historic announcement they were considering a merger last Friday (October...
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Vic considers ACT labour hire model
The Vic Government's labour hire and insecure work inquiry has flagged the ACT's licensing scheme and far-reaching statutes ensuring employment standards for labour hire contractors as a regulatory reform option. Releasing a discussion paper for the ‘Vic Inquiry into the Labour Hire Industry and Insecure Work' last Friday (Oct 16), inquiry he...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Steph D'Souza. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Supervisor who sent worker ‘flying' loses adverse action, contract claim
A child-care supervisor's shoving of a subordinate constituted serious misconduct sufficient to justify the summary termination of her contract, the Federal Court has found. Rejecting the supervisor's breach of contract and adverse action claims, Justice Chris Jessup also held procedural unfairness did not constitute adverse action and that the sup...
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VP Lawler secretly recorded boss, FWC President Iain Ross
Fair Work Commission (FWC) Vice President Michael Lawler has revealed his secret recording of President Justice Iain Ross apparently giving him permission to take as much sick leave as he wanted despite later correspondence denying this. In last night's ABC Four Corners ' program on Lawler and his partner former Health Services Union secretary Kath...
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Qld Govt repeals notice requirements for RoE holders
Qld's Labor government has reintroduced state right of entry (RoE) provisions and removed penalties for failing to provide notice to inquire into a suspected safety breach or “consult and advise workers and make copies of documents relevant to a suspected contravention”. The legislation passed last week was an election promise for Annas...
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Dissenting cmr blasts majority over ‘unreasonable burden' ruling
In extraordinary criticism, Fair Work Commissioner Bernie Riordan has blasted his senior colleagues on a full bench for a “manifestly unjust” ruling that held an injured worker's dismissal was not unfair because inefficiencies from maintaining him in a job amounted to an unreasonable burden. The full bench - Senior Deputy President Jona...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Journalists: Steph D'Souza . Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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FWBC litigation at all time high but investigations plummet
Core workplace law breaches investigated on building sites rose from 890 to 948 in the last financial year and legal action is at an all-time high, according to the latest Fair Work Building and Construction (FWBC) annual report 2014-2015. However, the overall number of alleged breaches investigated has fallen from 2013-2014, which cited 977 breach...
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UV takes action against hospitality labour hire firm over penalty rates
United Voice (UV) Qld is taking an AWX Group labour hire company to court for refusing to provide the records of hospitality workers who it has allegedly been underpaying penalty rates. The case casts a spotlight on a Fair Work Commission-approved enterprise agreement that allowed the company, Hospitality X, to not pay penalty rates if employees si...
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‘Disgraceful' exploitation of 457 worker results in max compensation
The Fair Work Commission has blasted a manufacturing company's “disgraceful” and “appalling” treatment of a 457 visa worker whom it sacked after he complained of being forced to work unpaid hours and having to regularly pay his boss several hundred dollars. Commissioner Tim Lee ordered Monochromatic Engineering Pty Ltd t/a M...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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FWC exposes ‘elephant in room' that workers not privy to CFMEU EA
An employer's bid to vary a term of its Construction Forestry Mining Energy Union (CFMEU) enterprise agreement has revealed the agreement was approved without employees having a copy of the full deal, having its terms explained to them or probably even voting on it. Indeed, “the very large elephant in the room” of the Fair Work Commissi...
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HR to pay penalty over ‘deliberate' termination payout failure
The Federal Circuit Court has ordered ACI Operations Pty Ltd to pay a $20,400 penalty and its Adelaide plant HR manager $1,020 for not paying a terminated employee his correct notice of termination - a shortfall of just $181.66. “This miniscule sum pails into insignificance when compared with the time and expense that must have resulted from ...
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Govt orders PC to plan default super selection replacements
The Federal Government will legislate to ban enterprise agreements (EAs) from overriding individual choice of superannuation funds and will ask the Productivity Commission (PC) to propose alternatives to the Fair Work Commission (FWC) default fund selection process. The announcements are contained in the govt's response to the Murray financial syst...
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CFMEU boss should be charged over doc destruction: TURC counsel
Construction Forestry Mining Energy Union (CFMEU) Qld secretary Michael Ravbar and former Builders Labourers Federation (BLF) Qld secretary Dave Hanna could face jail time after Trade Union Royal Commission counsel assisting recommended possible criminal charges against them over their destruction of union documents. Sarah McNaughton SC submitted t...
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