A volunteer at a community arts organisation has been prevented from applying for anti-bullying orders because the organisation she worked for was a “wholly volunteer association” with no employees. The decision sets out the considerations for when volunteers are covered under the Fair Work Act's (FW Act) bullying jurisdiction, includin...
Community volunteer ‘not a worker' for bullying jurisdiction
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RSRT orders target supply chain contracts
The Road Safety Remuneration Tribunal (RSRT) has issued its first orders requiring contractor drivers be paid minimum pay rates including for short breaks and has held major retailers and consignors responsible for compliance of supply chain contracts (WF 28/8/15). The RSRT issued its Road Safety Remuneration Order on December 18, 2015. The order w...
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PC plan for IR Bills before 2016 election
The Productivity Commission (PC) has suggested a timetable for the government to introduce legislation implementing all of its wide-ranging workplace relations recommendations in mid-2016, before the next federal election. In the ‘Implementation' chapter (ch34) of its final report the PC recognised “speedy passage of amendment bills thr...
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Business unhappy, will seek ‘more reform' at roundtables
Minister for Employment Senator Michaelia Cash has announced a series of roundtable discussions on the Productivity Cmn's Workplace Relations Framework report to be held in early 2016 with employees, employers, unions, social welfare groups and women's groups. Cash said the discussions would focus on the govt's key priorities of: promoting jobs and...
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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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Crossbenchers will get to read secret TURC report: govt
Crossbench Senators will get access to the confidential volume of the Trade Union Royal Commission (TURC) report ahead of crucial votes on bills designed to crackdown on union misconduct, the Federal Government has confirmed. The TURC final report , released by the govt on December 30, 2015, contains a sixth confidential volume. In the TURC interim...
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Complaining ex-employees exposed as forum forced to give up identities
The Federal Court has ordered an online internet forum to hand over the names and private contact details of its users to an employer after considering it was likely the users were the latter's ex-employees making negative comments about their old boss. Website design business Sites N Stores and its principal Andrew Doolan contended that Whirlpool....
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Inquiries about future conditions not a ‘workplace right': court
The Federal Circuit Court has rejected the adverse action claim of a manager sacked after lobbying for better pay and conditions in the event his employer was purchased by a competitor, finding inquiries about potential future conditions were not covered by general protections. However, the manager was successful in a breach of contract claim, as t...
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Reinstatement requires reasons: bench
A Fair Work Commission full bench has rescinded the reinstatement of a man dismissed for inflammatory remarks about Islam because the cmn failed to explain why it granted reinstatement despite a pattern of offensive remarks. Toll Holdings sacked Joseph Johnpulle for serious misconduct after it found he had on January 7, 2015 asked a co-worker if he...
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Popular restaurant chain caught in underpayments scandal
Exclusive Malaysian restaurant chain and so-called ‘Sydney institution' Mamak is facing court action following claims it underpaid its foreign workers more than $87k, with its owners allegedly concealing the underpayments by providing false records to the workplace ombudsman. The Fair Work Ombudsman's action filed late last year comes as the ...
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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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Dishonesty over rape joke made sacking fair: FWC
The Fair Work Commission has upheld the sacking of a man who made a rape joke in the workplace, concluding dismissal was fair because the man was dishonest about his intention to embarrass the colleague who complained about the comment. Senior Deputy President Peter Richards noted the man was sacked over the single incident and not given a chance t...
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Employee warnings must be direct: FWC
The Fair Work Commission (FWC) has held a medical receptionist was unfairly dismissed despite her insubordination to a doctor because her employer's warnings were too “obtuse” and “indirect” to allow her to respond. The case is a reminder that employers should use clear language to inform employees of unacceptable conduct, o...
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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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Full bench secures AMWU right to represent ResMed workers
The Australian Manufacturing Workers Union (AMWU) has won its long-running dispute with US bio-tech company ResMed over the right to represent the company's manufacturing employees in Australia. This week a Fair Work Commission full bench - Vice President Adam Hatcher, Deputy President Jeff Lawrence and Commissioner Leigh Johns - confirmed ResMed's...
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Trust breakdown after Facebook posts not valid reason: FWC
The Fair Work Commission (FWC) has held a school unfairly dismissed a senior teacher who complained on Facebook about the school's management of her depression, because misconduct causing it to lose trust in her was not clearly substantiated. Although the teacher and school were in a long-running dispute about timetabling duties, the FWC held the s...
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Breach of union duties should be criminal: Heydon
Courts should be able to disqualify union leaders for breaches of workplace laws and “dishonest” breaches of duties should be criminal offences, according to sweeping recommendations in the Trade Union Royal Commission (TURC) final report. Commissioner Dyson Heydon's final report - released by the Federal Government on December 30, 2015...
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CFMEU a special case: Heydon calls to ban officials
Trade Union Royal Commission chief Dyson Heydon has called for parliament to have powers to ban elected construction union leaders, but stopped short of calling for the union to be deregistered. Heydon made the recommendation in the final TURC report, released by the government on December 30, 2015. The report recommended parliament consider “...
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Worker choice meant redundancy not adverse action: court
A mining services company did not take adverse action against a manager who faked his CV and threatened to kill an HR manager despite moving him off a project and making his role redundant, the Federal Circuit Court has found. Judge Salvatore Rasta said courts must take a “holistic approach” to adverse action, and the manager chose to m...
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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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