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A quarter of deals contain domestic violence clauses

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A total of 759 current enterprise agreements (EAs) covering 586,585 employees contain a family violence clause, according to the Workplace Gender Equality Agency (WGEA). The agency told Senate Estimates hearings in Canberra last week that the figure, from the employment department's workplace agreement database, represented nearly a quarter (24.3%)...

Public holiday confusion by counsel justifies extension

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In another exceptional circumstances case ( see above ), the Fair Work Commission (FWC) has held that an error by a sacked employee's representative in not counting a state public holiday in the 21-day unfair dismissal lodgment timeframe justified an extension. Senior Deputy President Matthew O'Callaghan held that Rishabh Sharma's application again...

Morning sickness an exceptional circumstance: FWC

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The Fair Work Commission (FWC) has allowed a sacked employee who suffered from chronic morning sickness an extension of time to lodge an unfair dismissal claim. Deputy President Anne Gooley said the employee, Rebecca Shannon, provided a reasonable explanation for the delay, and she was satisfied there were “exceptional circumstances”, a...

Editorial Team

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Acting Editor: Paul Karp, (03) 8684 2139, paul.karp@thomsonreuters.com . Managing Editor: Peter Schwab. Twitter: @WorkforceTR

A quarter of deals contain domestic violence clauses

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WFD : A total of 759 current enterprise agreements (EAs) covering 586,585 employees contain a family violence clause, according to the Workplace Gender Equality Agency (WGEA). The agency told Senate Estimates hearings in Canberra last week that the figure, from the employment department's workplace agreement database, represented nearly a quarter (...

Baiada to pay $500k for contractors' exploitation

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WFD : 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 a...

Union density at 15% a ‘disaster': experts

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WFD : 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 on Tuesday (October 27) showed just 1.6m Australians are trade union members and the proportion of emp...

CFMEU prevented access but no evidence of black ban: court

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WFD : 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 Edwar...

Hostile witness stabbed himself to frame CFMEU, TURC hears

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WFD : A builder who claimed he provided free roofing materials to Construction Forestry Mining Energy Union (CFMEU) Vic secretary John Setka was so determined to discredit the union he stabbed himself to frame them for a revenge attack, a witness has told the Trade Union Royal Commission (TURC). In July 8 and September 17 hearings last year builder...

No evidence employee received dismissal email or letter: FWC

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WFD : 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 ...

BlueScope credits wage freeze in Port Kembla decision

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WFD : 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 ...

Morning sickness an exceptional circumstance: FWC

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WFD : The Fair Work Commission (FWC) has allowed a sacked employee who suffered from chronic morning sickness an extension of time to lodge an unfair dismissal claim. Deputy President Anne Gooley said the employee, Rebecca Shannon, provided a reasonable explanation for the delay, and she was satisfied there were “exceptional circumstancesR...

Odco-style third party arrangements are a sham: FWO

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WFD : A five-member High Court full court will next week hear the Fair Work Ombudsman's (FWO's) challenge to the use of third parties to introduce independent contracting arrangements, which it maintains breaches sham contracting laws. The agency is appealing the March Full Federal Court rejection of its appeal against a 2013 finding that Quest Sou...

Public holiday confusion by counsel justifies extension

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WFD : In another exceptional circumstances case ( see above ), the Fair Work Commission (FWC) has held that an error by a sacked employee's representative in not counting a state public holiday in the 21-day unfair dismissal lodgment timeframe justified an extension. Senior Deputy President Matthew O'Callaghan held that Rishabh Sharma's application...

CFMEU NSW may have breached charity law: TURC counsel

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WFD : 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...

Full Court backs CFMEU on sick leave right

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WFD : 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 disput...

Zero alcohol requirement unreasonable, but sacking fair: FWC

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WFD : 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 B...

Textile union plans to merge with CFMEU

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WFD : 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. On Monday (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 ...

FWC questions whether interstate workers can vote up new deal

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The Fair Work Commission has held off on approving a deal to cover retailer ALDI's WA operations until an appeal determines whether employees in another state and covered by other industrial instruments can validly vote on a proposed new agreement. Commissioner Geoff Bull in an interim decision this week said he would wait for the appeal against hi...

Seven maritime workers who struck a deal 'fairly chosen': FWC

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A Fair Work Commission (FWC) full bench has held there is no obligation under the Fair Work (FW) Act for an employer to bargain with “potential” employees, and refused the Maritime Union of Australia's (MUA) bid to set aside a deal made with seven workers on the giant Gorgon project. Senior Deputy President Jennifer Acton, Deputy Presid...
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