Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Journalist : Bernadette McBride. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
Editorial Team
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‘Portable' union membership on the cards: Oliver
WFD: 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), secretary Dave Oliver said converting workers into members ...
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Full bench makes broad ruling for RoE rights to ‘lunchroom'
WFD: 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...
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Bench defends use of first and final warnings over safety
WFD: 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...
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Strikes do not preclude bargaining: bench overrules Patrick's ‘cool off'
WFD: A series of new strikes could kick start at Australian ports after a Fair Work Commission (FWC) full bench on Monday (February 8) 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 Presiden...
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CSL sought criminal declarations against striking crew
WFD: 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) ...
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FWO backs criminal penalty options for exploitation
WFD: 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 Mig...
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Union chief wants state regulator formed to investigate exploitation
WFD: 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...
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Second failed charge by TURC taskforce
WFD: 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 Mini...
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Third time lucky for Department of Employment?
WFD: 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 rejec...
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Fair Work approves agreement despite union anger
WFD: 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 a...
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Co-owner's ‘disloyalty' enough to warrant sacking by other co-owner
WFD: 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 trus...
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End of affair: Sleeping with boss no argument for constructive dismissal
WFD: 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 so...
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Pretty In Pink? Bemoaning direction to change hair grounds for the sack
WFD: 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 com...
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No problem with manager as employee bargaining rep: bench
WFD: 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 Presiden...
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Dismissal over sick leave, workers' comp, was adverse action: Court
WFD: 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 Collis...
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Diary
How can we Implement High-Performance Employee Engagement? Reflections on Air New Zealand's Journey: Vic IR Society breakfast seminar, Friday Feb 19, 7am-9am, Monash University Law Chambers. More info here . Australian Labour and Employment Relations Association national conference : 'WORK - Then, Now & What's Next', May 26-28, Pier One Sydney ...
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Lambie calls out secret TURC reports - ‘no threat to state'
Senator Jacqui Lambie has said the Trade Union Royal Commission (TURC) exaggerated the gravity of the content in its secret volumes, and has called for Prime Minister Malcolm Turnbull to stop “treating the Australian public like mugs” and release the volumes to all senators. In a statement released this morning, Lambie said that after &...
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Roy Morgan took adverse action against worker on maternity leave
A Roy Morgan Research employee who was retrenched while on maternity leave and after she requested a return to work part-time has won an adverse action case after key decision-makers failed to give evidence. Federal Circuit Court Judge Suzanne Jones found the company took adverse action by: deciding not to return the employee, Jaye Heraud, to her o...
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DHS staff vote down offer, again
Federal Department of Human Service (DHS) employees have resoundingly voted down management's offer for a new enterprise agreement (EA) for the second time in six months, with the dept remaining a significant road block in public sector negotiations. The Community and Public Sector Union (CPSU), which represents DHS workers, told Workforce that 77....
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