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PC plan for IR Bills before 2016 election

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WFD: 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 bill...

Business unhappy, will seek ‘more reform' at roundtables

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WFD: 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 job...

Inquiries about future conditions not a ‘workplace right': court

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WFD: 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,...

Full bench secures AMWU right to represent ResMed workers

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WFD: 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 Res...

Employee warnings must be direct: FWC

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WFD: 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 condu...

Complaining ex-employees exposed as forum forced to give up identities

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WFD: 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 they 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....

Popular restaurant chain caught in underpayments scandal

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Exclusive WFD: 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...

Community volunteer ‘not a worker' for bullying jurisdiction

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WFD: 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, inc...

Dishonesty over rape joke made sacking fair: FWC

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WFD: 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 cha...

Employer pre-disposed to sanction does not result in dismissal breach

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WFD: An employer favouring termination in response to evidence of serious misconduct is not grounds to find it did not provide the accused employee with a genuine opportunity to respond, a Fair Work Commission full bench has held. The bench - Vice President Graeme Watson, Deputy President Reg Hamilton and Commissioner Leigh Johns - quashed Cmr Susa...

Reinstatement requires reasons: bench

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WFD: 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 ...

Diary

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Association of Industrial Relations Academics of Australia & New Zealand 2016 conference: 'Building Sustainable Workforce Futures', February 10-12, Parkroyal Hotel, Darling Harbour, Sydney. More info here . Australian Labour and Employment Relations Association national conference : 'WORK - Then, Now & What's Next', May 26-28, Pier One Sydn...

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. Product Code : 314021719935. Twitter: @WorkforceTR

It's not over till it's over: ResMed heads to High Court

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US biotech company ResMed is not finished with its three-year legal battle against the Australian Manufacturing Workers Union (AMWU) and has today launched a High Court challenge to the union's right to seek a majority support determination (MSD). Since 2013 ResMed has engaged in a series of failed legal challenges and appeals to the AMWU's bid to ...

FWC stops MUA strike at Patrick

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The Fair Work Commission (FWC) has suspended Maritime Union of Australia (MUA) industrial action at Patrick Stevedores for a 35 day cooling off period, halting the first national strike involving Patrick since the 1998 Waterfront Dispute. Patrick and the union have been at loggerheads since their enterprise agreement expired on July 1, 2015, with t...

Svitzer loses battle but wins war over tug EA

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A majority of tug boat engineers, masters and deckhands at Svitzer have approved a joint enterprise agreement (EA) just days after the company failed to stop industrial action designed to pressure it to allow engineers a separate agreement. Voting for the Svitzer EA closed this morning (January 22), with 628 employees voting in the ballot, 353 in f...

HR and unions referred for criminal offences by TURC final report

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Trade Union Royal Commissioner Dyson Heydon has concluded union corruption is “widespread” and “deep seated”, while warning that what has been uncovered is just the “small tip of an enormous iceberg”. TURC's final report, released by the govt on December 30, 2015, and following two years of inquiries, referred bo...

New group to pursue union civil breaches, TURC taskforce extended

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Attorney-General George Brandis has extended the Trade Union Royal Commission's police taskforce into unions, which will continue pursuing lines of inquiry identified by Cmr Dyson Heydon. Speaking on the release of TURC's final report on December 30, Brandis said “because there are so many references and so many matters of concern which the R...

Govt ‘adjustment package' for retrenched Port Kembla workers

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The Federal Government has provided a $670k package to assist retrenched BlueScope steel employees transitioning to new employment. The decision follows the Port Kembla company's announcement last October that it would shed 500 jobs and restructure their workforce with a new three-year enterprise. Under the package workers will access the Govt's jo...

Crossbenchers will get to read secret TURC report: govt

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WFD: 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 in...
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