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Senator Fisher to stand down

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WFD: Senior Liberal IR policy adviser Senator Mary Jo Fisher had done the “honourable and the courageous thing” by resigning over new shoplifting allegations, Opposition leader Tony Abbott has told a morning TV program. Senator Fisher announced on Friday (June 22) she planned to step down on August 10. Fisher played a key role in IR as ...

Tracey accused of adverse action for allegedly naming ‘scab' workers

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WFD: The Fair Work Ombudsman has launched an adverse action prosecution against Maritime Union of Australia WA assistant secretary Will Tracey for allegedly distributing posters that named five workers as “scabs” for not engaging in strike action at Fremantle Port Authority (FPA). The posters, placed around the Fremantle Port, the Kwina...

Editorial Team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR. Product code: 314021718275.

Diary

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Western Australia IR Society Conference: August 3-4, 2012, Quay West Bunker Bay Resort. See website . Queensland IR Society Conference: August 9-10, 2012, Jupiter Hotel & Casino, Gold Coast, Qld. Conference brochure here. Twentieth annual Labour Law Conference: August 13. Speakers include: Emeritus Professor Russell Lansbury; University of Adel...

Unfair dismissal income cap rises

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WFD: Fair Work Australia is raising the income cap and compensation limits for unfair dismissals. From July 1, 2012, the filing fee for dismissals and general protections applications made under s365, s372, s394 and s773 of the Fair Work Act 2009 will increase to $64.20. The high-income threshold in unfair dismissal cases will increase to $123,300,...

PC proposes FWA panel for super

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The Productivity Commission (PC) has accused unions and employer groups of “bias” in their representations for default superannuation funds and recommended an independent expert panel select default funds in the future. In a draft report released today, the PC recommended setting up an independent panel - or a Fair Work Australia minimu...

Full Court find discrimination requires proof of adverse impact

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A Full Federal Court has confirmed an employer must prove adverse impact if it alleges discriminatory conduct outlined in the Building and Construction Industry Improvement Act 2005 . The Full Court - Justices John Buchanan, Geoffrey Flick and Anna Katzmann - clarified the meaning of the Act's discrimination provision after dismissing an Australian...

FWA rebuffs Govt and ACTU's approach to modern awards review

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Fair Work Australia has rejected Federal Government and union arguments to adopt a “high threshold” approach towards employer calls for changes to modern awards. FWA said it would review each modern award “on their merits”, and rejected the proposition the review panel ought not to take into account historical Australian Ind...

FWA rules dad unfairly sacked after telling manager to “f--k off”

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Fair Work Australia has ruled a fisheries company unfairly dismissed an expecting father who told his manager to “f--k off” when asked to work on the weekend his wife was due to give birth. South Australia small business Marnikol Fisheries Pty Ltd summarily dismissed Adam Haliman on March 13, 2012, after he swore at managers Brett Wheel...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR .

Rio Tinto direct engagement policy linked to adverse action

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In a damning adverse action judgment against mining giant Rio Tinto, the Federal Court has found the company's Pilbara subsidiary manipulated a fixed-term contract employee's performance review results. It later refused to renew his contract because it saw him as a “troublemaker” who did “not mind his own business” when he r...

SDP Acton to head up Road Safety Remuneration Tribunal

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Workplace Relations Minister Bill Shorten has appointed Fair Work Australia Senior Deputy President Jennifer Acton inaugural president of the Road Safety Remuneration Tribunal (RSRT). Shorten appointed three other FWA members to the RSRT: SDP Lea Drake, and Commissioners Ingrid Asbury and Peter Hampton. Other appointees are: former NSW Senator Stev...

Non-executed deed of settlement can KO unfair dismissal claim: FWA

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Fair Work Australia has ruled a deed of settlement need not have been executed for binding agreement to have taken place, finding a worker had therefore lost her right to claim unfair dismissal. Commissioner Chris Simpson said the recent Federal Court decision in Australia Post v Gorman [2010] empowered FWA to dismiss horticulturalist Bridget Curti...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR .

Non-executed deed of settlement can KO unfair dismissal claim: FWA

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Fair Work Australia has ruled a deed of settlement need not have been executed for binding agreement to have taken place, finding a worker had therefore lost her right to claim unfair dismissal. Commissioner Chris Simpson said the recent Federal Court decision in Australia Post v Gorman [2010] empowered FWA to dismiss horticulturalist Bridget Curti...

Rio Tinto direct engagement policy linked to adverse action

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WFD: In a damning adverse action judgment against mining giant Rio Tinto, the Federal Court has found the company's Pilbara subsidiary manipulated a fixed-term contract employee's performance review results. It then refused to renew his contract because it saw him as a union-friendly "troublemaker" who did "not mind his own business" when he repeat...

Thousands rally over new Vic construction code guidelines

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WFD: Thousands of construction workers marched on Victoria's Parliament on Wednesday (July 4) protesting against new implementation guidelines for the state code of practice, which came into effect on Monday (June 2). The Victorian Govt believes the guidelines will lead to "cultural change" and prevent "massive blowouts" on state-funded projects. T...

Judge prevents Vic ETU 'power grab' - for now

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WFD: The NSW Electrical Trades Union (ETU) has won a Federal Court injunction preventing a scheduled national divisional council meeting this month that would have seen the Victorian branch in control and NSW excluded from voting on national policy decisions and rule changes. On Friday (June 29) Justice Jayne Jagot handed down an unpublished decisi...

SDP Acton to head up Road Safety Remuneration Tribunal

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WFD: WR minister Bill Shorten has appointed Fair Work Australia Senior Deputy President Jennifer Acton inaugural president of the Road Safety Remuneration Tribunal (RSRT). Shorten appointed three other FWA members to the RSRT: SDP Lea Drake, and Commissioners Ingrid Asbury and Peter Hampton. Other appointees are: former NSW Senator Steve Hutchins, ...

Vic Govt downplays 'massive' PS pay deal, but union 'over the moon'

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WFD: The Victorian Government says its public service pay deal of a 15.5% rise over 42 months (including a $1,500 cash bonus) is consistent with its "2.5% plus productivity gains" policy. However, Community Public Sector Union (CPSU) Vic secretary Karen Batt told Workforce Daily the govt was "bagging" the deal to save face. She described the deal, ...
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