The NSW Industrial Relations Commission (IRC) has declined to overturn a NSW Transport worker's dismissal after finding his lack of candour with his employer and the IRC - and his post-dismissal Facebook posts - told against his reinstatement. Accepting his actions were marked by “carelessness, not conscious bad intent”, Commissioner Pe...
Facebook posts blocked reinstatement
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Union chief wants state regulator formed to investigate exploitation
The Victorian Government must set-up a state-based regulator and an inspectorate to stop the exploitation of vulnerable workers, unions this morning told the Vic Inquiry into labour hire and insecure work. United Voice (UV) Victoria assistant secretary Ben Redford told the inquiry employer malpractice is so wide spread, states must provide the reso...
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‘Portable' union membership on the cards: Oliver
The Australian Council of Trades Unions (ACTU) has set up six taskforces to tackle declining membership across the union movement, including by considering “portable” inter-union membership models. In his speech to the ACTU 2016 leadership forum last Thursday (February 4) (WF 29/1/16) , secretary Dave Oliver said converting workers into...
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No more excuses, union movement in ‘crisis': Kearney
The union movement is in crisis and has “dropped the ball” when it comes to organising and recruiting new members over the past ten years, the ACTU leadership forum has heard (WF 29/1/16) . In a full and frank opening speech now removed from the peak body's website but obtained by Workforce Daily, ACTU president Ged Kearney declared the...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Second failed charge by TURC taskforce
Commonwealth prosecutors have dropped criminal charges against a Queensland construction union organiser, resulting in the second failed charge by the Trade Union Royal Commission (TURC) police taskforce in less than six months. In mid-2015 the taskforce - made up of Australian Federal Police and Qld police - charged Construction Forestry Mining En...
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Bench defends use of first and final warnings over safety
A Fair Work Commission (FWC) full bench has affirmed employers' right to take “strong disciplinary action” over safety breaches in upholding the use of a first and final warning that resulted in the sacking of a worker for recording a 0.006 blood-alcohol level. The bench - Vice President Graeme Watson, Deputy President Reg Hamilton and ...
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End of the affair: Sleeping with boss no argument for constructive dismissal
An employee has lost her claim she was forced to resign when her general manager confronted her over her secret four-year affair with the head of the company - the GM's husband. Fair Work Commissioner David Gregory said the unfair dismissal applicant must have considered her affair with the company's managing director “would likely at some po...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Pretty In Pink? Bemoaning direction to change hair grounds for the sack
A cook sacked for complaining about being forced to change her hair after she dyed it fluorescent pink for charity was not unfairly dismissed because her conduct demonstrated disloyalty. Fair Work Commissioner Tony Saunders held the woman's bad-mouthing of her employer, while made at a non-work event, was inappropriate because she made the comments...
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Full bench makes broad ruling for RoE rights to ‘lunchroom'
In a decision said to have “significant precedent value for the future exercises of right of entry powers at this workplace”, a Fair Work Commission (FWC) full bench has confirmed unions have the right to meet workers where they ordinarily take meal breaks. The bench upheld a Construction Forestry Mining Energy Union (CFMEU) appeal in a...
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Strikes do not preclude bargaining: bench overrules Patrick's ‘cool off'
A series of new strikes could kick start at Australian ports after a Fair Work Commission (FWC) full bench yesterday overruled the ceasing of Maritime Union of Australia's (MUA) industrial action at Patrick Stevedores Holdings Pty Ltd (Patrick). The full bench - Vice Presidents Adam Hatcher and Joe Catanzariti, and Deputy President Geoffrey Bull - ...
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FWO backs criminal penalty options for exploitation
The Fair Work Ombudsman (FWO) has suggested it have options of both criminal and civil penalties to better prevent exploitation of overseas workers. Asked about whether current penalties were a sufficient deterrent to underpayments, FWO Natalie James told a Senate inquiry on Friday (February 5) that “I am struck by a provision in the Migratio...
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Co-owner's ‘disloyalty' enough to warrant sacking by other co-owner
A company head summarily dismissing an employee and part-owner because she wanted him out of the business and undermined him to other staff was valid under the Small Business Fair Dismissal Code. A Fair Work Commission full bench - Vice President Graeme Watson, Deputy President Reg Hamilton and Commissioner Leigh Johns - held such loss of trust was...
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CSL sought criminal declarations against striking crew
An interlocutory judgment against the crew of CSL Melbourne to stop striking has revealed the ship operators sought declarations the crew had committed criminal offences by refusing to leave the vessel. Federal Court Justice Robert Buchanan granted CSL Australia Pty Ltd (CSL) interlocutory relief on Thursday (February 4) and on Friday (Feb 5) NSW p...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Dismissal over sick leave, workers' comp, was adverse action: Court
The Federal Circuit Court has found a Melbourne hotel took adverse action when it sacked an employee because it believed she was unreasonably taking sick leave and was planning to lodge a workers' compensation claim. The incoming owner of the Grosvenor Hotel in St Kilda East, Rabih Yanni, told the court he dismissed events manager Jemma Collison be...
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Third time lucky for Department of Employment?
Workplace relations minister Senator Michaelia Cash's own department is about to have its third shot at getting up a new enterprise agreement. Dept of Employment secretary Renee Leon told Senate Estimates hearings in Canberra this morning that employees would tomorrow begin voting on an offer that was essentially the same as the one they rejected i...
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No problem with manager as employee bargaining rep: bench
A Fair Work Commission full bench has rejected argument from three maritime unions that workers on Sea Swift Pty Ltd's freight vessel had not ‘genuinely agreed' to vote for an enterprise agreement (EA) because a senior manager had acted as an employee bargaining representative. The bench - Vice President Graeme Watson and Deputy Presidents Pe...
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Fair Work approves agreement despite union anger
The Fair Work Commission has rejected an Australian Institute of Marine and Power Engineers (AIMPE) bid for a separate enterprise agreement (EA) with Svitzer Australia, despite hearing of “great antagonism” and “ongoing anger” directed towards some of its members by the Maritime Union of Australia (MUA). With the deal also s...
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