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FWC to examine ex-Cmr's investigation of employee

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Ex-Fair Work commissioner turned employment relations consultant Barbara Deegan's investigation into misconduct allegations at the Australian Taxation Office (ATO) is set to be scrutinised by her former employer. Deputy President Geoffrey Bull last week considered the ATO's arguments that sacked employee Fahmid Rahman's bid for the investigation do...

Security request in ‘bizarre' unfair dismissal hearing not sign of bias

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A senior Fair Work Commission member has refused to recuse herself for apprehended bias after she directed security be present during the unfair dismissal hearings of an employee sacked for allegedly aggressive, threatening and intimidating behaviour. Deputy President Ingrid Asbury had directed a security guard to the FWC level where former Blue Ca...

CPSU crowd-sources strike pay

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In what it acknowledges is an “unusual” innovation, the Community and Public Sector Union (CPSU) is encouraging its members and the general public to pay for its ongoing public sector bargaining battle by tipping into an online crowd-sourced fund for strike pay. The CPSU announced its ‘ campaign fund ' yesterday (November 30), aft...

Uncertainty over childcare equal pay as FWC rules comparator needed

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A Fair Work Commission (FWC) full bench has departed from equal pay guidelines set in the precedent social and community services (SACS) case, ruling the law requires a gender-based comparator to establish a case for equal pay. The FWC bench's 129-page decision handed down late yesterday could set unions' equal pay claim for early childhood educato...

AMMA accuses Vic inquiry chief of apparent prejudgment on licensing

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Professor Anthony Forsyth has emphatically rejected a peak employer group's accusations that he appeared to have prejudged key issues facing the Vic labour hire inquiry he heads, including on the need for a licensing regime and by describing underpayment claims at 7-Eleven and in the food industry as “scandals”. In its submission the Au...

Employers push back against labour hire licensing

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Labour hire companies and employer groups including the Australian Industry Group (AiG) have raised concerns over union proposals to institute a labour hire licensing scheme in Vic, suggesting already “unscrupulous” providers would simply ignore further regulation. The resistance comes as the Vic labour hire inquiry heard evidence last ...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Whistleblower sacked after complaining about student cage

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An employer has been accused of unfair dismissal after it sacked a whistleblower who complained about a Canberra primary school having a cage for autistic students. The story received significant media coverage this year, with the school's principal suspended and later sacked over the construction of the 2m by 2m cage. Jeremy Butler argued his sack...

Late-night AFP raid on CFMEU ACT unlawful: judge

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The ACT Supreme Court has ruled the Australian Federal Police's (AFP) late-night raid of the Construction Forestry Mining Energy Union's (CFMEU) Canberra offices over alleged blackmail offences was illegal and has ordered it to destroy copies of evidence seized from the search. The decision marks another embarrassment for the Trade Union Royal Comm...

Loss of supply contracts is ‘ordinary turnover': Full Bench

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A Fair Work Commission (FWC) full bench has upheld an appeal that loss of supply contracts was “ordinary and customary turnover of labour” which justified refusing sacked workers a redundancy payment. The bench - Vice President Graeme Watson, Deputy President John Kovacic and Commissioner Nick Wilson - found the labour supplier regularl...

High Court closes sham contracting loophole

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The High Court has upheld a Fair Work Ombudsman (FWO) appeal to close a loophole which allowed employers to avoid prosecution for sham contracting when they had told employees a third-party was to engage them as independent contractors. The decision clarifies that ‘sham contracting' encompasses all false representations that employees are ind...

Crossbench backs super review which may sink governance bill

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Labor, the Greens and four crossbench Senators have combined to delay a Government bill mandating one-third independent directors on industry super funds' boards, by referring it to a committee while a review of not-for-profit super governance is conducted. The review, launched by Industry Super Australia (ISA) and the Australian Institute of Super...

Perjury charges laid over Cbus leak

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The Australian Federal Police (AFP) has charged two former Cbus employees for giving false evidence to the Trade Union Royal Commission (TURC). Workforce Daily understands police laid charges against ex-Cbus member coordinator Lisa Zanatta and ex-manager Maria Butera under s 6H of the Royal Commissions Act relating to false or misleading evidence. ...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Labour share of income climbs as productivity rises

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Labour productivity has increased substantially in the past few quarters, reversing its recent slow down and returning to its yearly average of about 2%. The National Accounts , released by the Australian Bureau of Statistics yesterday, showed that gross value added per hour in the market sector (a measure of productivity) rose 0.7% in the Septembe...

Worker faked email to reopen unfair dismissal case: FWC

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A Fair Work Commission (FWC) Full Bench has referred a sacked accountant to the Director of Public Prosecutions (DPP) after finding he lied in his evidence about a fake email to reopen his unsuccessful unfair dismissal case. The bench had granted the man permission to appeal against his summary dismissal over a break-in at his former place of work ...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Government has a second crack at gutted measures

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The Coalition is having another attempt at getting IR measures blocked in the Senate through parliament, introducing a new bill into the House of Representatives this morning. The Fair Work Amendment (Remaining 2014 Measures) Bill 2015 includes the provisions the government was forced to remove to get crossbench senate support for its Fair Work Ame...

Rush of public sector offers go to pre-Christmas votes

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Department of Prime Minister and Cabinet (PM&C) employees have voted in favour of industrial action in a protected action ballot declared this morning, while the latest enterprise agreement (EA) offers from more than 10 federal public sector agencies will go to a vote before Christmas. According to the Community and Public Sector Union (CPSU), ...

Lyons unleashes on ineffective union political campaigns

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Former Australian Council of Trade Unions assistant secretary Tim Lyons has launched a broadside at unions' focus on political campaigns, likening them to the 2003 invasion of Iraq in terms of their ineffectiveness and waste. Instead Lyons joined former ACTU secretary Bill Kelty in advocating unions become more active in workplace organising, inclu...
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