The Fair Work Commission (FWC) has terminated a 17-year-old enterprise agreement (EA) covering ANZ senior managers, despite Finance Sector Union (FSU) objections managers would lose dispute resolution procedures and unfair dismissal rights. The lack of evidence employees objected to termination and their rare use of the protections FSU had cited we...
FWC leaves senior ANZ managers award free after terminating old EA
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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 : 314021719915. Twitter: @WorkforceTR
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Removing benefits on gardening leave was repudiation: court
A company that withdrew a senior manager's company car and mobile phone when it placed him on gardening leave repudiated his employment contract, freeing him up to work for a competitor, the Vic Supreme Court has found. The court found although the company was entitled to direct the man to take gardening leave, the benefits were important component...
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FSU to seek ANZ backpay by Christmas
The Finance Sector Union (FSU) will ask ANZ for a three months-backdated pay rise just in time for Christmas if the Fair Work Commission (FWC) does not approve their new enterprise agreement (EA) before the holiday. The EA will cover 21,000 employees, 90% of the banks' Australian staff. It was approved on November 26 by 89.1% of the 6,440 staff tha...
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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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Tax collector's failure to lodge own tax returns grounds for dismissal
A 30-year veteran Australian Tax Office (ATO) employee was not unfairly dismissed when she was fired for failing to lodge her own income tax returns, the Fair Work Commission (FWC) has held. The ATO summarily dismissed debt collection case manager Poonam Kathuria because it said her repeated failure to lodge income tax returns between 2010 and 2013...
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Employee urine sample defence was piss weak
The Fair Work Commission has refused to reinstate a deckhand who tested positive for ice, finding a later urine sample he used in his defence only showed lower traces of the drug because he had diluted it by drinking a lot of water. Commissioner Julius Roe said he would have found the man's employment had been terminated harshly because it was for ...
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Fed Court orders Thomson to pay $458k for HSU fraud
The Federal Court has ordered disgraced former Health Services Union (HSU) national secretary and MP Craig Thomson to pay a total of $458k for misspending union money, including at least $80k of penalties to the Fair Work Commission (FWC). On September 11, Justice Christopher Jessup found Thomson misappropriated more than $300k from the union, incl...
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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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TWU accuses Jetstar of threatening repeat of 2011 Qantas grounding
The Transport Workers Union (TWU) is accusing Jetstar of breaching good faith bargaining (GFB) requirements after management allegedly told the union it did not want a return to 2011 as part of its negotiations with ground staff. TWU national secretary Tony Sheldon has interpreted the statement as a threat to ground the airline as per Qantas' unpre...
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High Court rebuffs ‘set off' challenge in sham contracting case
The High Court has refused a Roy Morgan subsidiary's attempt to challenge a sham contracting ruling on grounds that the company's above-award payments should be set off against workers' employment entitlements. The court rejected Linkhill's special leave application in a hearing in Melbourne last Friday. A Full Federal Court had previously rejected...
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FWC on high alert after gun threat
Exclusive The Fair Work Commission (FWC) has closed its Canberra registry and put Melbourne on high alert after an anonymous caller referred to bringing a firearm into a registry. FWC corporate services director Ailsa Carruthers emailed all FWC members and Vic staff at 12:09pm today (December 16) warning them of what she described as an “urge...
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Doo-doo on delivery: fair to dump defecating courier
The Fair Work Commission has said it would have been fair to sack a courier who defecated in a client's car park after a bout of diarrhoea and failed to adequately clean up or warn his employer of the mishap. But Commissioner Anna Cribb awarded the courier one week's pay as compensation because the misconduct was not serious enough to warrant summa...
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Govt changes PPL policy to measures cuts in weeks not dollars
The Turnbull government has confirmed it is looking at a new policy on paid parental leave (PPL) by slightly softening the extent to which it prevents parents from “double dipping” both employer and government schemes. The govt's new policy - revealed in yesterday's Mid-Year Economic and Fiscal Outlook - allows eligible workers to recei...
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FWC reluctant to order costs in ‘relatively new' bullying regime
A volunteer director who failed to prosecute her stop-bullying application has escaped a costs order after the Fair Work Commission considered the anti-bullying jurisdiction was still fairly new and its definitions not plain. Wendy Cowan had alleged in June the Durri Aboriginal Corporation Medical Service chairperson and its legal representative ha...
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Not unfair for boss to give ex the sack
A failed unfair dismissal bid serves as a warning of the dangers of mixing business and personal relationships as the Fair Work Commission struggled to separate interwoven employment, business and personal issues - plus fact from fiction - after a break-up. Sarafina Grazia claimed her boss and partner Steven Baggio had failed to pay her entitlement...
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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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FWC on high alert after gun threat
Exclusive The Fair Work Commission (FWC) has closed its Canberra registry and put Melbourne on high alert after an anonymous caller referred to bringing a firearm into a registry. FWC corporate services director Ailsa Carruthers emailed all FWC members and Vic staff at 12:09pm today (December 16) warning them of what she described as an “urge...
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Fed Court orders Thomson to pay $458k for HSU fraud
WFD: The Federal Court has ordered disgraced former Health Services Union (HSU) national secretary and MP Craig Thomson to pay a total of $458k for misspending union money, including at least $80k of penalties to the Fair Work Commission (FWC). On September 11, Justice Christopher Jessup found Thomson misappropriated more than $300k from the union,...
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Govt changes PPL policy to measure cuts in weeks not dollars
WFD: The Turnbull government has confirmed it is looking at a new policy on paid parental leave (PPL) by slightly softening the extent to which it prevents parents from “double dipping” both employer and government schemes. The govt's new policy - revealed in this week's Mid-Year Economic and Fiscal Outlook (MYEFO) - allows eligible wor...
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