A senior manager who turned down his company's offers of alternative employment after his position was abolished has failed in his bid for $145k compensation on grounds the redundancy was a constructive dismissal. Federal Circuit Court Judge Robert Cameron agreed with Blackmores Limited that its former commercial manager for Asia, David Adcock, end...
Redundant manager wasn't terminated: Court
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TURC-style laws hit a ‘closed door' in Qld parliament
WFD: On a dramatic first day of Qld parliament for 2016, a Liberal National Party (LNP) motion to re-introduce a bill for mandatory union 24-hournotification before entering workplaces was voted down. Shadow Attorney-General Ian Walker told parliament this week he wanted the notice requirements reintroduced under Qld workplace health and safety law...
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Bench narrows unfair dismissal exclusions for third party work
WFD: A Fair Work Commission (FWC) full bench has held that a generic labour hire or consultancy contract to perform work for a third party client is not a contract for a “specified task” and so not excluded from unfair dismissal protections. The bench - Vice President Adam Hatcher, Deputy President Geoff Bull and Commissioner Chris Plat...
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Unions should back new watchdog: Forsyth
WFD: Labour law academic Anthony Forsyth has called on unions to “learn to live” with the Federal Government's proposed Register Organisations Commission (ROC), as well as other Trade Union Royal Commission (TURC) recommendations, so as to repair damage done to the union brand. Speaking at a panel on TURC hosted by the Association of IR...
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Employer gets blasted $35k after challenging Fair Work's authority
WFD: The Federal Circuit Court (FCC) has fined an employer $35,500 because of its failure to carry out a Fair Work Commission (FWC) order to compensate an unfairly dismissed employee $8k. After ignoring the 2014 FWC order to pay the sales and marketing worker, the Fair Work Ombudsmen (FWO) made what turned out to be several futile requests to get A...
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Penalty rates to be considered for LSL pay in new Vic inquiry
WFD: The Vic government will consider in a review of long service leave (LSL) whether workers who ordinarily work weekends and shifts should have penalty rates calculated into LSL pay, which it said could act as an incentive for some to take it. Announcing the review this week, the Department of Economic Development, Jobs, Transport and Resources w...
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‘Likely' future earnings reduce unfair dismissal remedy to zilch
WFD: A worker has won his unfair dismissal proceeding but failed to gain any remedy because his post-dismissal earnings and likely future earnings as an independent contractor would exceed what he would have made if he had stayed. Fair Work Commission Senior Deputy President Peter Richards reached his decision “with some care” noting th...
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Judge and IR veteran dies
WFD: Federal Circuit Court judge and former IR commissioner Dominica Whelan has passed away suddenly after a battle with cancer at age 61. Workforce Daily understands Whelan died at 1:30am on Tuesday night (Feb 16), having taken sick leave on and off from her role as judge. Whelan was a commissioner of the Australian IR Commission and Fair Work Aus...
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Study reveals 100% of Chinese waiters on student visas underpaid
WFD: Landmark data on overseas worker exploitation has revealed almost 75% of Chinese student visa workers in Sydney are paid below the minimum wage, with two out of five paid just $12 an hour or less. For those working as waiters, 100% are paid below the minimum casual rate. The figures represent the first in-depth data on international worker und...
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Full bench allows PC report in review of penalty rates
WFD: The Fair Work Commission full bench will allow the Productivity Commission's (PC) recommendation to cut Sunday penalty rates in retail and hospitality industries to be considered in the 4-yearly review of modern awards, but as a submission - not as “expert opinion evidence”. The bench - President Iain Ross, Vice President Joe Catan...
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FWC flags 7% pay reduction ok for partial work bans
WFD: In an interim ruling looking at how to calculate pay deductions during partial work bans, the Fair Work Commission (FWC) has found the Catholic Education Office's (CEO) cutting of teachers' pay by 7% for every half hour not worked during partial work bans “fundamentally” complied with the Fair Work Act (Act). However, because it wa...
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Victim ‘wanted to embarrass' boss & legal reps through bullying orders
WFD: The Fair Work Commission (FWC) has thrown out an application by a bullying victim for stop bullying orders, because policies the employer had proposed had yet to take effect. Commissioner Peter Hampton agreed with the employer - a well-known restaurant in Adelaide - that there was “an element of wanting to embarrass some of the parties...
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Hospitality X terminates EA ‘scam' amid union court action
In a surprise about-turn, Hospitality X (part of the AWX group of labour hire companies) has terminated its prized enterprise agreement (EA) that allowed it to not pay penalty rates, allowances or overtime if workers “voluntarily” wished to work those hours. The agreement's termination, accepted last week by the Fair Work Commission, co...
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Hadgkiss denies bullying rife within FWBC
WFD: Fair Work Building Construction (FWBC) head Nigel Hadgkiss has rejected claims by Labor Senator Doug Cameron that he is a respondent in two bullying and harassment cases and that his organisation is “riven with bullying”. Senator Cameron has in turn come under fire from employment minister Senator Michaelia Cash, who challenged him...
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Diary
Australian Labour and Employment Relations Association national conference : 'WORK - Then, Now & What's Next', May 26-28, Pier One Sydney Harbour, The Rocks, Sydney. More info here .
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Journalist: Bernadette McBride. Managing Editor: Peter Schwab. Product Code : 314021719975. Twitter: @WorkforceTR
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FWO targets payroll firm for underpayment role in landmark case
Exclusive In a potentially game-changing move, the Fair Work Ombudsman (FWO) is pursuing a payroll service provider for its alleged involvement in a fast food outlet's underpayments of workers from overseas. It is the first time the FWO has taken action against an accountant and opens up a new front in targeting third parties and professional advis...
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Labour hire can't use host to contract out of dismissal obligations
In a significant decision, the Fair Work Commission has held a labour hire company cannot simply rely on a host client's directions and reasons in dismissing an employee without also independently verifying those reasons. Deputy President Ingrid Asbury held that Adecco unfairly dismissed casual employee Jayleen Kool when it failed to offer her shif...
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Bench rejects Patrick cool-off based on ‘campaign' of industrial action
A Fair Work Commission full bench has dismissed Patrick Stevedores Holdings Pty Ltd's (Patrick) renewed bid to have a “cooling off” period in bargaining with the Maritime Union of Australia (MUA) because there's no evidence of any planned or impending industrial action - or any which had occurred since January 19 (WF 12/2/16) (WF 5/02/1...
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Same deal, different result as Employment EA gets up
It took three ballots, but employment minister Senator Michaelia Cash's own department has narrowly voted up a new enterprise agreement ( WF 12/2/2016) . In a result declared late Wednesday, the deal got up with a 53% “yes” vote, with 84% of the department's 1,969 eligible staff participating. The agreement is virtually the same as the ...
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