WFD: 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 a...
Employer group CEO sought bullying orders against members
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Ignoring union in direct ballot was breach of GFB, cmr rules
WFD: 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 ...
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CFMEU wins GFB orders for deal proposal, face to face meetings
WFD: 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 refus...
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FWC shuts down tricky tactics of ‘insolent' HR adviser
WFD: 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 construct...
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Labor promises to make domestic violence leave universal
WFD: The federal Labor opposition has promised to legislate domestic violence leave into the National Employment Standards (NES), making it a universal workplace right. On November 25, White Ribbon Day, opposition leader Bill Shorten, shadow employment minister Brendan O'Connor, shadow minister for women Claire Moore and shadow parliamentary secret...
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HR mgr told to learn from ‘Pretty Woman' fails in adverse action claim
WFD: The Federal Court has rejected a senior HR manager's claims she was sexually harassed when her boss advised her to “do the Pretty Woman thing” or that her sacking for bullying was unlawful adverse action. Ex-employment relations team leader for the Catholic Education Office (CEO), Karen Alethea Wroughton, filed the claims after the...
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No adverse action in post dismissal wage complaint: court
WFD: 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 histor...
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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 its 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 ...
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Motel unfairly sacked 457 visa worker while overseas on holiday
WFD: 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 Ha...
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‘Belittling' depressed translator not adverse action due to unawareness
WFD: The Federal Circuit Court has held that allegedly “belittling” a depressed translator by querying her medical certificate and refusing to allow her to return to work for half a day a week were not adverse action because they were reasonable actions which did not prejudice her employment. The court upheld her employer's defence it d...
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TURC counsel wrong on union fiduciary duties: AWU, academic
WFD: Trade Union Royal Commission (TURC) counsel assisting's submissions against union officials suffer from a fatal flaw because union bargaining representatives don't owe fiduciary duties to members, the Australian Workers Union (AWU) and academic Associate Professor Jill Murray have argued. In their submissions on the AWU's deal to keep a Work C...
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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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Court rejects Palmer employee claim he was promised $1m a year
WFD: Federal MP Clive Palmer did not offer his company's accountant employment on a five-year $5m contract as part of an oral agreement, the Qld Supreme Court has found. Justice John Bond found the accountant, who was paid $100k and then $150k a year, was probably offered a base salary with a discretionary bonus. But the accountant could not prove ...
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Dismissal for allegedly downloading movies, wiping PC, unfair
WFD: 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 procedur...
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Diary
Financial Review National Policy Series - Workforce & Productivity Summit: December 8-9, 2015. Sofitel, Melbourne. Speakers include Ged Kearney, Peter Harris and Kate Carnell. More info here .
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FWC rejects employer bid to absorb Vic's grand final public holiday
The Fair Work Commission (FWC) has rejected a bid by Boeing Aerostructures Australia to absorb the new Victorian AFL grand final public holiday into the 13 already provided for in its enterprise agreement. Fair Work Commissioner John Ryan dismissed the company's interpretation of its 2014 deal with the Australian Manufacturing Workers' Union (AMWU)...
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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. Product Code : 314021719895. Twitter: @WorkforceTR
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NUW pushes labour hire licensing at Vic inquiry
The National Union of Workers (NUW) has called for a national or state-based labour hire licensing scheme to combat compliance issues including phoenixing, lack of transparency and lack of enforceable legal obligations against individuals behind unscrupulous labour hire providers. The NUW made the submission to the Vic labour hire and insecure work...
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Payment for 457 visa sponsorship outlawed
The Federal Government's proposed penalties for work visa sponsorship fraud have passed both houses of parliament, with the Senate rejecting Labor amendments which would have protected visa holders who were coerced to make the payments. The Migration Amendment (Charging for a Migration Outcome) Bill 2015 passed the Senate last Wednesday (November 2...
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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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