WFD: A Fair Work Ombudsman-commissioned report into the cost of phoenixing on industrial relations-related obligations has proposed Fair Work Act amendments to include civil penalties against phoenix companies and their directors. The PricewaterhouseCoopers prepared report sought to address the "increasing trend" for companies to engage in phoenix-...
FWO Report recommends FW Act civil penalties for 'phoenixing'
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Non-executed deed of settlement can KO unfair dismissal claim: FWA
WFD: 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 ...
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Full Court find discrimination requires proof of adverse impact
WFD: 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 Austr...
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FWA rebuffs Govt and ACTU's approach to modern awards review
WFD: Fair Work Australia has rejected Federal Government and union arguments it should 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 Industrial Rela...
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FWA issues directions on penalty rates
WFD: Late on Wednesday (July 4), Commissioner Peter Hampton issued directions for the hearing of the modern awards review into penalty rates (see, FWA rebuffs Govt and ACTU's approach to modern awards review , above) . Cmr Hampton recommended joint evidence be heard in both the penalty rates and public holidays matters, with the Restaurant Industry...
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4-hour illegal strike = $7m loss: BHP sues MUA & Will Tracey
BHP Billiton has confirmed it has filed a $7m third party damages claim against the Maritime Union of Australia and MUA official Will Tracey. BHP's statement of claim filed in the Western Australia Supreme Court on June 28 says the company suffered substantial losses as a result of what it says was an illegal four-hour strike on March 9 by tug boat...
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Vale John Parcy
Meanwhile, MUA life member John Parcy passed away overnight after a long battle with cancer. “John was a long term, loyal member of the Seamans Union and MUA,” MUA deputy national secretary Mick Doleman said.
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TWU told not to rely on JJ Richards 'strike now, talk later' precedents
WFD: The Transport Workers Union (TWU) has won a majority support determination (MSD) for Queensland JJ Richards workers after deciding the MSD was a "new" and "quicker" tactic than industrial action to get to the bargaining table. Fair Work Australia Commissioner Greg Harrison granted JJ Richards Stapleton yard workers the MSD after he was satisfi...
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Leaked Coalition policy paper says give Fair Work a 'fair go', keep FWO
WFD: The Coalition believes that the Fair Work Act is "far from perfect but it deserves a fair go", according to a leaked talking points document detailing its position on policy matters. The 137-page talking points document which collates Coalition positions on a range of policy issues was revealed by Crikey yesterday (July 5). It states the Coali...
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BMA and unions pin hopes on Kelty
WFD: BHP Billiton Mitsubishi Alliance (BMA) and unions were in talks this week in a renewed attempt to resolve the 18-month dispute regarding BMA's Bowen Basin Enterprise Agreement. Neither party was willing to comment to Workforce Daily on progress in the mediation talks, which started on Monday (July 2) and were continuing on pressday under the c...
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FWA considers GEERS in denying redundancy relief to employer
WFD: Fair Work Australia has refused an employer's application to reduce redundancy pay to zero for three terminated employees on the grounds it had no income and had ceased trading. In using the broad discretion under s120 , FWA Commissioner Michelle Bissett found to grant Moltoni Waste Management (MWM) 's application would further penalise the lo...
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FWA panel to review Chevron & INPEX major gas projects
Fair Work Australia (FWA) has c onfirmed it has referred two major gas projects - Chevron Gorgon and INPEX Timor Sea - to its major resources infrastructure projects panel. Deputy President Brendan McCarthy and Commissioner Danny Cloghan have been allocated to Gorgon gas, with Senior Deputy President Ian Watson, Cmr Cloghan and Cmr Chris Simpson to...
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FWA rules dad unfairly sacked after telling manager to "f--k off"
WFD: 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 Wheeler and ...
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Diary
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...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021718285. Twitter: @WorkforceTR .
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Nassios to appear at HSU probe
WFD: Terry Nassios, Fair Work Australia's lead investigator into the Health Services Union national office, will appear before a parliamentary inquiry on Monday (July 16) to answer questions about the conduct of the investigation and its findings. Nassios, who took leave immediately after the findings of the three-year FWA investigation were releas...
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Test case sheds light on employer GFB obligations
WFD: In a significant test case, Fair Work Australia has found an employer that put its proposed agreement to a direct ballot while a scope order application was underway breached Fair Work Act good faith bargaining obligations (GFB). In his decision handed down late Tuesday (July 10), Commissioner Ian Cambridge found national rail manager Australi...
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FWA terminates Parks Victoria industrial action
WFD: Fair Work Australia (FWA) has terminated industrial action by disgruntled Parks Victoria workers. Parks Vic sought to end the campaign, which has been waged since late last year (WF18032) . It argued planned industrial action including emergency response bans enlivened the Fair Work Act's s424 which says FWA must suspend or terminate protected...
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Reserve Bank armed guards strike
WFD: MSS security guards working at the Reserve Bank of Australia's Melbourne HQ went on strike this week after enterprise agreement (EA) talks collapsed. The one-hour strike took place at lunchtime on Wednesday (July 11). The guards' union, United Voice, told Workforce Daily MSS guards were $54.33 worse off than guards employed by major security f...
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NUW strike at CSL as EA goes to ballot
WFD: About 50 NUW members at the biotech firm CSL started 24-hour strike action yesterday (July 12) arguing against the firm's pay offer of 10.75% over three years. The union, which is after 6% a year for three years, argues the company's pay offer did not reflect its billion dollar profits. The NUW, which represents 12-hour shift workers, is also ...
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