Just 1% of employers received a request for flexible work arrangements under the National Employment Standards (NES) in the past three-years and less than 2% of employees made a formal individual flexibility arrangement (IFA), according to the Fair Work Commission. For the same three years - July 1, 2012 to June 30, 2015 - more than 40% of employer...
Informal route to flexibility still preferred option
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Airline threatened ‘disloyal' cadets who exercised accommodation right
In an adverse action case where an airline told cadet pilots they were “lacking in integrity” if they stayed at an award-permitted motel that cost an extra $100 a night, the Federal Circuit Court has found a union could represent a class of workers even if none had requested it as long as it first notified all members of that class. Reg...
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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. Twitter: @WorkforceTR
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‘Control' of workers must be seen in context of ‘modern business': judge
WFD: The Federal Circuit Court has rejected that a business's close control over a contractor's performance of work indicated it was an employment relationship, suggesting that “control” issues take on a new light in the context of modern supply chain and compliance responsibilities. Judge Grant Riethmuller rejected two print material d...
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Qube fails to gets industrial action orders over ‘blue flu' claims
WFD: Qube Ports Pty Ltd (Qube) has failed in a bid to stop alleged unprotected industrial action after a third of its Port of Darwin workforce called in sickfollowing an announcement of job cuts. A Maritime Union of Australia (MUA) spokesperson told Workforce Daily that this week Fair Work Commission Deputy PresidentAnnaBooth found Qube's claim MUA...
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UFU chief blasted for stepping on CPSU Vic toes
WFD: The call by the head of the Vic United Firefighters Union (UFU) for an investigation into the conduct of Department of Environment Land, Water, and Planning (DELWP) employees in the devastating Wye River Christmas Day bushfire has sparked an angry response from the Community Public Sector Union (CPSU). The bust-up between two unions looking af...
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Mere climate scepticism not enough to show political opinion: judge
WFD: A sacked climate sceptic has failed in his claim that Macquarie University took adverse action against him because of his political opinion, with the Federal Circuit Court saying more needs to be established than mere differences in scientific views to claim an opinion is “political”. Judge Grant Riethmuller instead held the univer...
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Full bench hands concrete workers penalty rates win
WFD: A Fair Work Commission full bench has agreed with the Australian Workers Union (AWU) there's “no logical reason” why non-continuous shift workers under the Concrete Product Award 2010 shouldn't receive penalty rates for working Sundays and public holidays. In what came down to a debate about wording, the bench - Vice President Adam...
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2015 ends with just 2% wage growth
WFD: Private sector wage growth continues to plumb new depths, recording a record low of 2% over the last year. The ABS' Wage Price Index released on Wednesday (Feb 23) showed that all-sector wage growth on a trend basis rose by 2.2% over 2015 and just 0.5% in the December 2015 quarter. That was down from the 2.3% annual and 0.6% quarterly trend in...
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Safety outweighs procedural flaws in drug test dismissal
WFD: A derrickhand who tested positive for multiple drugs but later that day tested negative was not unfairly dismissed after the Fair Work Commission ruled the second test was unreliable due to evidence suggesting it had been diluted. Commissioner Chris Platt also held that Ensign International Energy Services Australia's safety obligations trumpe...
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CFMEU pursue FWBC as union leadership targeted
WFD: The Construction Forestry Mining Energy Union (CFMEU) has hit back against the Fair Work Building and Construction Commission's (FWBC) pursuit of its national and NSW leadership for alleged unlawful industrial conduct by complaining to the Commonwealth ombudsman about the industry watchdog's conduct. FWBC alleged on Sunday (February 21) that C...
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Casual swearer not fired - even after zero work for weeks: FWC
WFD: The Fair Work Commission has rejected a casual employee's unfair dismissal claim because it found he wasn't dismissed, even though he failed to get shifts for three weeks after swearing at his supervisor and evidence suggested the employer had given instructions not to offer him any until further notice. Deputy President Anne Gooley found Andr...
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Court rebuffs FWO bid for restraining order against employer
WFD: The Fair Work Ombudsman (FWO) has hit a setback in its bid for injunctions restraining bad employers from breaching workplace laws, with a Federal Circuit Court (FCC) refusing to issue one after finding the FWO lacked the authority to do it. The FWO first started making claims for the orders under s 545 in 2015 in a bid to strengthen enforceme...
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FWBC takes 52 construction workers to court
WFD: The building watchdog has taken court action against 52 construction workers alleging they took unlawful industrial action in a dispute over the sacking of a union health and safety representative. The Fair Work Building and Construction Commission's notices of prosecution were served to the CBI Constructor workers over the weekend following a...
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Jetstar ground staff knock back pay freeze
WFD: Jetstar baggage handlers have resoundingly rejected an 18-month pay freeze despite the airline's proposed sweeteners of a 5% sign-on bonus and three annual increases of 3%. Only a third of the staff that took part in the ballot backed Jetstar's proposed enterprise agreement on Friday (February 19) in the face of a concerted ‘no' campaign...
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Employer justified in warning worker for Mad Max-style pursuit
WFD: The Fair Work Commission (FWC) has held an employer was right to give a first and final warning to a road traffic worker who engaged in a high speed pursuit of a citizen who was “off her head” and had almost run him over during a road resurfacing. David Burke, represented by Australian Workers Union, took his employer road traffic ...
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Informal route to flexibility still preferred option
WFD: Just 1% of employers received a request for flexible work arrangements under the National Employment Standards (NES) in the past three-years and less than 2% of employees made a formal individual flexibility arrangement (IFA), according to the Fair Work Commission. For the same three years - July 1, 2012 to June 30, 2015 - more than 40% of emp...
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Fed court makes far reaching job security decision for teachers
The Federal Court has found a school unlawfully employed too many fixed-term teachers, and then intentionally altered their employment contracts as a cover-up and blocked union reps from investigating the matter in defiance of a Fair Work order. Justice Christopher Jessup upheld Independent Education Union (IEU) claims that in 2012 the Islamic scho...
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Third failed TURC charge and first blow for Heydon referral
A Construction Forestry Mining Energy Union (CFMEU) organiser has had criminal charges against him dismissed, in the third failed prosecution to arise out of the Trade Union Royal Commission (TURC). The not-guilty verdict over alleged intimidation of Fair Work Building and Construction Commission inspectors handed down on Tuesday (February 23) for ...
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Lawler fate hangs in the balance as Govt allows him time to respond
Fair Work Commission Vice President Michael Lawler has until the end of next week to respond to findings of an investigation into complaints against him. Employment minister Senator Michaelia Cash confirmed in a statement to the Senate yesterday that she received the report last week (February 15) but wished to provide Lawler an opportunity to resp...
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