Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab.
Editorial team
↧
↧
Insurance brokers not covered by insurance award: Federal Ct
The Federal Court has found insurance brokers are not covered under Insurance Industry Award (IIA) 1998 . The Fair Work Ombudsman earlier successfully prosecuted Queensland Marine Insurance Brokers, its service entity Queensland Marine Insurance Management and their general manager Peter Martinuzzi for underpaying two insurance broker employees und...
↧
FWA orders Post to reinstate porn emailer + back pay a year's wages
Fair Work Australia has ordered Australia Post to reinstate a driver it sacked for sending pornographic emails to his sister-in-law, and pay him more than a year's salary in backpay. Post sacked driver Nick Rushiti on May 16, 2011 after it caught him forwarding six porn emails to his sister-in-law, including one titled ‘Grandmothers in Brazil...
↧
FWA finds ‘ideological opposition' to EA is GFB
In a controversial decision, Fair Work Australia has found if an employer holds a position that it opposes an agreement regardless of its terms that is still a bargaining position that meets good faith bargaining (GFB) requirements. Commissioner Paula Spencer found BHP Coal's “specifically articulated” bargaining position opposing a Bro...
↧
HSUEast demerged as Federal Court hands down HSU judgment
At press time, Federal Court Justice Geoffrey Flick handed down his decision appointing retired judge Michael Moore as administrator of HSU East and ordering its immediate demerger. In his 80 page decision, Justice Flick expressly ordered the demerger, which would see the NSW and Victoria branches become separate entities, after finding their amalg...
↧
↧
Shorten Dracula one week, Fred Flintstone the next: AMMA CEO
WFD: Australian Mines and Metals Association chief executive Steve Knott has fired a testy broadside at Bill Shorten after the workplace relations minister described employer group-demanded changes to the Fair Work Act as "prehistoric" and "arcane". Speaking at the Committee for Economic Development of Australia's 'state of the nation' conference i...
↧
Judge allows new claims in adverse action applications
WFD: The Federal Court has given broad licence for general protections applicants to bring new claims not raised in their Fair Work Australia application as long as they are "in relation" to the dispute identified before FWA. The decision by Justice Julie Dodds-Streeton goes against the Federal Magistrate Court in CEPU v Active Tree Services [2011]...
↧
ETU Vic gains control of CEPU after blocking rule change
WFD: In what critics are calling a power grab by controversial union leader Dean Mighell, the Victorian Electrical Trades Union (ETU) has this week blocked an attempt by the national executive to restore national voting rights to the NSW ETU. The move has left the Communications Electrical Plumbing Union (CEPU) in a state of flux as its biggest bra...
↧
Newlands Mark III: Full Bench rejects opt-out clauses
WFD: A Fair Work Australia full bench majority has ruled opt-out provisions in enterprise agreements contradict the Fair Work Act's collective bargaining objectives after it found the earlier Newlands Coal No. 2 authority on the provisions was infected by error. The tribunal's decision is a rare departure from established precedent. It is expected ...
↧
↧
FW Act review delivered
WFD: The Fair Work Act review panel has delivered its final report to workplace relations minister Bill Shorten, a spokesperson has confirmed. The panel sought a two week extension and delivered its report late last Friday (June 15). It's understood one of the panel's recommendations is to change how the FW Act regulates greenfields agreements for ...
↧
FWA finds 'ideological opposition' to EA is GFB
WFD: In a controversial decision, Fair Work Australia has found if an employer holds a position that it opposes an agreement regardless of its terms that is still a bargaining position that meets good faith bargaining (GFB) requirements. Commissioner Paula Spencer found BHP Coal's "specifically articulated" bargaining position opposing a Broadmeado...
↧
Abetz calls for go slow on RO Bill
WFD: The Fair Work (Registered Organisations) Amendment Bill 2012 - which seeks to impose tough governance measures on unions in the wake of the HSU scandal - has been referred to a committee inquiry with a less than one-week turnaround for reporting back. The government has given the Senate Education, Employment and Workplace Relations Legislation...
↧
FWA orders Post to reinstate porn emailer + backpay a year's wages
WFD: Fair Work Australia has ordered Australia Post to reinstate a driver it sacked for sending pornographic emails to his sister-in-law, and pay him more than a year's salary in backpay. Post sacked driver Nick Rushiti on May 16, 2011 after it caught him forwarding six porn emails to his sister-in-law, including one titled ‘Grandmothers in B...
↧
↧
Bandt moves on EMAs
WFD: Greens IR spokesperson Adam Bandt has introduced a private members bill into Federal Parliament aimed at forcing employers to hire Australians first before using enterprise migration agreements (EMA) to bring in overseas workers. The Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 would amend the Fair Work Act and ...
↧
Costs order in adverse action case for adding respondents
WFD: A Federal Magistrate's Court has ordered a general protections claimant to pay costs after he added two senior managers as respondents to his court claim who were not specifically listed as such in his Fair Work Australia claim. FM Kenneth Raphael's June 5 decision appears to go against the Federal Court's Shea v TruEnergy handed down a week l...
↧
Bench overturns reinstatement of dock worker sacked for fighting
WFD: A Fair Work Australia full bench has overturned the reinstatement of a wharfie sacked for fighting, finding the “gravity” of the misconduct outweighed claims he was “set up” ( WF18145 ). Stephen Lambley was summarily dismissed by cargo terminal operator DP World Sydney after he repeatedly struck a work colleague in a fi...
↧
Full bench grants Telstra modern enterprise award
WFD: A Fair Work Australia full bench has created the first “modern enterprise award” (MEA) after rejecting Telstra's push to move from its current enterprise award to the industry safety net ( WF18085 ). Telstra unions had applied for the MEA, with the ACTU arguing the decision was a test case for making enterprise awards relevant to t...
↧
↧
Parl passes dad & partner paid leave
WFD: Fathers and same-sex partners can claim two-weeks paid paternity leave and employees can perform paid work during unpaid parental leave under amendments passed by the parliament on June 28.The Paid Parental Leave and Other Legislation Amendment (Dad and Partner Pay and Other Measures) Bill 2012 creates a new two-week parental leave payment at ...
↧
FWA jurisdiction to change awards
WFD: In a preliminary submission, the ACTU has sought to limit “damage” to existing awards under the Modern Award Review process. Section 138 of the FW Act “makes clear the tribunal is without jurisdiction to add new terms to or vary the existing terms” of a modern award unless terms “thereby created” are “...
↧
Award review directions hearings
WFD: Unions will seek to reinstate workers' penalty rates for non-standard week work on public holidays as part of the 2012 Modern Award Review process, as direction hearings got under way this week. Fair Work Australia President Justice Iain Ross held a hearing on June 27 into the public holiday issue and will release directions by the end of next...
↧
More Pages to Explore .....
