Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
Editorial Team
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No adverse action in post dismissal wage complaint: court
The Federal Circuit Court has rejected two adverse action claims because the applicants had not complained about their wages before they were summarily dismissed for performance issues. The judge found the pair attempted to bolster their case with an email purportedly sent after their dismissal in a case which “revealed a very sad history in ...
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Ignoring union in direct ballot was breach of GFB, cmr rules
An employer holding direct meetings with its workers and unilaterally putting its proposed enterprise agreement (EA) to ballot without first notifying the union was a breach of good faith bargaining, the Fair Work Commission (FWC) has found. Rejecting its bid for a non-union agreement, Commissioner Bernie Riordan held Wagstaff Piling had puts its a...
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CFMEU wins GFB orders for deal proposal, face to face meetings
The Fair Work Commission has ordered a mining contractor and its former bargaining representative to provide the Construction Forestry Mining Energy Union (CFMEU) with a proposed deal the company may accept and forced them to meet the union face-to-face. The cmn made the good faith bargaining (GFB) orders because the company unreasonably refused to...
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Labor promises to make domestic violence leave universal
The federal Labor opposition has promised to legislate domestic violence leave into the National Employment Standards (NES), making it a universal workplace right. Today (November 25), on White Ribbon Day, opposition leader Bill Shorten, shadow employment minister Brendan O'Connor, shadow minister for women Claire Moore and shadow parliamentary sec...
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Govt backs call for $10m maximum secondary boycott penalty
The Federal Government has supported a recommendation from its competition review to increase penalties for secondary boycotts by more than a 1000%, a proposal immediately rejected by unions. The Harper competition review report , released on March 31, recommended secondary boycott provisions be “maintained and effectively enforced”, in...
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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. Twitter: @WorkforceTR
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Motel unfairly sacked 457 visa worker while overseas on holiday
A national parks motel has been ordered to pay a 457 visa worker the maximum compensation after it sacked her while she was on vacation and because the Fair Work Commission (FWC) held the worker's domestic disputes were not a valid reason for dismissal. Deputy President Val Gostencnik heard that in February 2013 Comfort Inn Country Plaza in Hall Ga...
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Domino's Pizza drivers missing out on penalty rates, casual loading
Exclusive Domino's Pizza has been charging customers a 10% surcharge for Sundays despite not paying ts workers weekend penalty rates and not paying delivery drivers any casual loading. Workforce Daily can reveal that Domino's drivers are caught in a murky mid-point between national minimum wage rates and the rates under the fast food modern award a...
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Senate defeats Govt shipping reforms
The Senate has blocked the Federal Government's proposed shipping reforms that would have allowed foreign vessels an exemption from paying rates and conditions prescribed by the modern award (WF 16/10/15). A second reading of the Shipping Legislation Amendment Act 2015 - described by Labor as “WorkChoices on water” - was rejected at 2pm...
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Cmr Cloghan shuts down tricky tactics of ‘insolent' HR adviser
The Fair Work Commission (FWC) has rejected a bid by an HR consultant - who said he did not “take crap from public servants” - to escape representation rules by declaring himself an employee of the company, with the cmn ruling it was a “sham” arrangement. IR consultant Graham McCorry had sought to represent WA construction c...
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Employer group CEO sought bullying orders against members
The Fair Work Commission has refused a costs order against two heads of a WA employer group who sought stop-bullying orders against the group's own members, finding it was reasonable for them to drop the applications after they were no longer in contact with their alleged bullies. The case highlights that costs orders will only be made where applic...
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Not enough crew on MV Portland to sail despite MUA losing appeal
The ship at the centre of the latest dispute over replacing Australian seafarers with foreign crew remains berthed in Portland, Victoria, despite a Fair Work Commission full bench ordering an end to the crew's unprotected industrial action at an urgent Saturday hearing. Vice President Graeme Watson and Deputy Presidents Anne Gooley and Val Gostencn...
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Vessel workers vote down offer in two-year bargaining round
More than two years after their bargaining round began, workers on WA offshore oil and gas vessels have voted down an offer employers put to them directly. The “off-shore five” - the vessel operators who have been leading the WA negotiations with the Maritime Union of Australia (MUA) - put their proposed deal to a ballot last fortnight ...
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FWC to deal with possible MUA anti-bullying orders in 2016
The Fair Work Commission (FWC) has deferred considering whether any orders should be made against the Maritime Union of Australia in the DP World bullying case until early next year (WF 20/11/15). Last week, Deputy President Val Gostencnik found three DP World stevedores in Melbourne faced an ongoing risk of bullying after they claimed they were in...
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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. Twitter: @WorkforceTR
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Dismissal for allegedly downloading movies, wiping PC, unfair
The Fair Work Commission (FWC) has held a geoengineering consultancy unfairly dismissed a worker just two weeks after making his position redundant by sacking him for serious misconduct over allegedly downloading movies and videos to his work laptop. Commissioner David Gregory found the dismissal was unfair due to lack of evidence and procedural fl...
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Not enough crew on MV Portland to sail despite MUA losing appeal
WFD: The ship at the centre of the latest dispute over replacing Australian seafarers with foreign crew remains berthed in Portland, Victoria, despite a Fair Work Commission full bench ordering an end to the crew's unprotected industrial action at an urgent Saturday hearing. Vice President Graeme Watson and Deputy Presidents Anne Gooley and Val Gos...
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FWC to deal with possible MUA anti-bullying orders in 2016
WFD: The Fair Work Commission (FWC) has deferred considering whether any orders should be made against the Maritime Union of Australia in the DP World bullying case until early next year (WF 20/11/15). Last week, Deputy President Val Gostencnik found three DP World stevedores faced an ongoing risk of bullying after they claimed they were intimidate...
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Vessel workers vote down offer in two-year bargaining round
WFD: More than two years after their bargaining round began, workers on WA offshore oil and gas vessels have voted down an offer employers put to them directly. The “off-shore five” - the vessel operators who have been leading the WA negotiations with the Maritime Union of Australia (MUA) - put their proposed deal to a ballot last fortn...
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