Vic unions have negotiated an innovative new employment condition that allows workers to donate their personal leave to sick co-workers. The provision was agreed to as a part of the Emergency Services Telecommunications Agency (ESTA) in-principle agreement reached late last week with the Ambulance Employees Australia (AEA), the United Firefighters ...
New leave donation clause allows co-workers to help each other
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Police investigating ex-CFMEU boss over right of entry declaration
The Australian Federal Police (AFP) are investigating claims Construction Forestry Mining Energy Union (CFMEU) Qld organiser Luke Collier and former leader Dave Hanna made false declarations in support of Collier's right of entry (RoE) permit, a Fair Work Commission (FWC) official has revealed. FWC regulatory compliance director Chris Enright revea...
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Surge in FWO litigation against overseas worker exploitation
New Fair Work Ombudsman (FWO) litigation involving overseas workers has rocketed 75% during 2014-15, with the majority (38%) involving the restaurant industry. More than a third (42%) of all new FWO litigations involved visa holders, with one in five involving working holiday visa workers. The latest FWO annual report released today showed that in ...
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Nationals' Bill pitches new discrimination provision
Federal Qld National MPs have introduced a private member's Bill aimed at amending the Fair Work Act adverse action provisions to prevent discrimination based on location. The Fair Work Amendment (Prohibiting Discrimination Based On Location) Bill 2015's overview says during the mining boom a number of operations were set up based on recruiting 100...
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Bench rejects employer objections to domestic violence leave clauses
A Fair Work Commission full bench has rejected a bid by employer groups to knock out parts of the domestic violence and parental leave clauses the Australian Council of Trade Unions (ACTU) is seeking to include in all modern awards. Vice President Adam Hatcher, Senior Deputy President Jennifer Acton and Commissioner Paula Spencer in a decision hand...
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Ross 'profoundly disappointed' in Lawler covert recordings
Fair Work Commission (FWC) president Justice Iain Ross has suggested NSW police investigate covert recordings of him made by Vice President Michael Lawler and has revealed Lawler also secretly recorded another FWC member. Ross made the revelations in Senate Estimates today (October 22) in response to Monday night's Four Corner's episode in which La...
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BlueScope credits wage freeze in Port Kembla decision
BlueScope Steel Ltd has credited its employees and unions for agreeing to a “game-changing” three-year pay freeze which will allow the steel producer to continue operating in Port Kembla in NSW's Illawarra region. Today (October 26) BlueScope chairperson Graham Kraehe announced the decision to continue making steel at Port Kembla “...
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Full Court backs CFMEU on sick leave right
The Full Federal Court has held a coal miner's enterprise agreement (EA) granted up to three month's sick leave at full pay, rejecting the miner's claim it retained discretion to refuse personal leave above the National Employment Standards (NES). The Construction Forestry Mining Energy Union (CFMEU) and Hail Creek Coal Pty Ltd were in dispute abou...
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Editorial Team
Acting Editor: Paul Karp, (03) 8684 2139, paul.karp@thomsonreuters.com . Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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CFMEU prevented access but no evidence of black ban: court
The Construction Forestry Mining Energy Union (CFMEU) took adverse action against a scaffolding subcontractor by denying it access to building sites after it refused to employ the union's nominated shop steward, the Federal Court has found. Justice Chris Jessup held that Victorian construction and general division branch secretary Ralph Edwards, an...
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Baiada to pay $500k for contractors' exploitation
Poultry processor the Baiada Group has agreed to make up more than $500k in underpayments by its contractors and enact a range of other anti-exploitation measures, under a compliance deal struck with the Fair Work Ombudsman (FWO). The FWO announced today that the company had agreed to a "proactive compliance partnership", in the wake of the agency'...
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Textile union plans to merge with CFMEU
The Textile Clothing and Footwear Union of Australia (TCFUA) has announced it will merge with the Construction Forestry Mining and Energy Union (CFMEU) after months of negotiations. Today (October 26) TCFUA national secretary Michele O'Neil announced the plan, explaining in a statement “we want our members' future to be in the best possible u...
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Visa bribes bill catches legitimate payments, says AiG
The Coalition Bill that would make it unlawful to make or receive payments to secure work visas also catches legitimate transactions between an employer and visa-holder, according to the Australian Industry Group (AiG). In its submission to the Senate committee inquiry into the Migration Amendment (Charging for a Migration Outcome) Bill 2015,the em...
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CFMEU NSW may have breached charity law: TURC counsel
The Construction Forestry Mining Energy Union (CFMEU) NSW branch may have breached charity laws by raising funds without authority and paying them into the union's general cheque account, the Trade Union Royal Commission (TURC) counsel assisting has said. Counsel assisting made the submissions about $63k of funds the union raised from Chinese devel...
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Editorial Team
Acting Editor: Paul Karp, (03) 8684 2139, paul.karp@thomsonreuters.com . Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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No evidence employee received dismissal email or letter: FWC
The Fair Work Commission has allowed a sacked employee to lodge an unfair dismissal claim 60 days after his company emailed and posted him a termination of employment letter, after accepting he didn't receive them. Suncorp Staff Pty Ltd on April 20 this year sent the letter to the home address and Gmail account the employee had listed on its person...
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Full Bench reopens controversial Coles EA case
The Fair Work Commission (FWC) will revisit a Coles enterprise agreement (EA) conditionally approved in July despite a number of below-award entitlements, after a full bench granted permission to appeal its approval due to new concerns it will leave workers worse off. The full bench - Vice President Graeme Watson, Deputy President John Kovacic and ...
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Union density at 15% a ‘disaster': experts
Figures showing union density has dropped to an all-time low of 15% reveal the 20-year decline in density has not stopped and the movement is in “crisis”, experts have said. The Australian Bureau of Statistics (ABS) data released yesterday (October 27) showed just 1.6m Australians are trade union members and the proportion of employees ...
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Zero alcohol requirement unreasonable, but sacking fair: FWC
The Fair Work Commission (FWC) has found parts of a company's drug and alcohol disciplinary process were unfair but upheld the sacking of a forklift driver who tested positive for alcohol before officially clocking on for work. The Accolade Wines Australia Ltd's drug and alcohol policy - which it began trialing in January 1 this year at its Berri, ...
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Butcher's criminal charge was valid dismissal reason: FWC
The Fair Work Commission (FWC) has held that a butcher's apprentice being charged as an accessory to murder was a valid reason for dismissal, but still awarded the man six weeks' pay in compensation due to the harsh nature of the dismissal. The case demonstrated that - although a criminal charge will not always be a valid reason - conduct outside w...
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