WFD: Aschool bus driver fired for drinkingalcohol before his shift has won reinstatement because there was no evidence he had alcohol in his system, he couldn't do his job, and he was never given an opportunity to respond to his employment being at risk. PJ & P Eldred t/as Elderado Travel Tours fired Richard Peters on October 17, 2015. The owne...
School bus driver fired for drinking to be reinstated
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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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PTSD does not exculpate bully
The Fair Work Commission (FWC) has rejected an employee's argument that his mental illness excused the bullying and harassment conduct that resulted in his sacking. Deputy President Geoff Bull held Endeavour Energy Pty Ltd had a valid reason when it fired Emil Ee for “harassing” senior management with emails and copying correspondence a...
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Investigate FWBC over shift to political advocacy: CFMEU
The Construction Forestry Mining Energy Union (CFMEU) has called on the Commonwealth Ombudsman to investigate the Fair Work Building Commission (FWBC). The union has accused the FWBC of abandoning its public sector neutrality and acting to politically advance the case to reinstate the Australian Building Construction Commission (ABCC). In its compl...
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Jetstar baggage handlers gearing up for potential industrial action
The Transport Workers' Union (TWU) has got approval for its Jetstar members to vote on protected industrial action at the Fair Work Commission on press day. Jetstar baggage handlers and ramp workers' will vote on whether to conduct industrial action at Sydney, Adelaide, Brisbane, Cairns and Melbourne airports and follows employees voting down an of...
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Industry funds & govt clash on role of super to ‘substitute' pension
Industry Super Australia has come out in opposition to the Federal Government's proposed legislated interpretation of superannuation's objective to include substituting the age pension. The Federal Govt is seeking submissions on the proposed objective of super to help guide a final decision on how it will be legislated. In October 2015 the govt ann...
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CFMEU ACT organiser admits to blackmail of employers
A former Construction Forestry Mining Energy Union (CFMEU) ACT organiser yesterday (March 10) pleaded guilty to blackmail charges arising out of the Trade Union Royal Commission (TURC). Police arrested Fihi Kivalu outside TURC hearing offices in July 2015 after he confessed to receiving $150k in “gifts” from employers before he left the...
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Labour costs down, value of working hours up: ABS
Real unit labour costs fell slightly in the final quarter of last year, while the value of hours worked grew by 0.2%, according to the Australian Bureau of Statistics. In its national accounts data, released last week, the bureau showed trend non-farm real unit labour costs (which remove fluctuations associated with agriculture) fell by 0.1% in the...
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Cash to release second RSRT review but 2013 inquiry still on ice
Federal employment minister Michaelia Cash has not yet committed to releasing a report completed almost two years ago into a controversial road safety remuneration system and Road Safety Remuneration Tribunal (RSRT). In November 2013 the Federal Government commissioned an “urgent” review of the RSRT to assess the need for a further leve...
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‘No excuse' for offensive Taliban comments but sacking still harsh
A warehouse worker fired for making offensive comments about Islam and the Taliban to an Afghani co-worker was unfairly dismissed because his employer had done little in response to the worker's previous offensive behaviour. Fair Work Commissioner Michelle Bissett held Toll Holdings t/a Toll Transport Pty Ltd had a valid reason to fire Erskineville...
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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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Fast forward ABCC Bill vote if so keen: Muir
Crossbench senator Ricky Muir is calling on the Senate to bring forward a vote on the Australian Building and Construction Commission (ABCC) Bills to this week - ahead of Senate voting reforms - in an effort to counter the Federal Government's threat of a double dissolution. Prime Minister Malcolm Turnbull on Friday (March 11) touted the threat of ...
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On eve of RSRT full bench hearing TWU drops 2nd remuneration bid
The Transport Workers' Union (TWU) has applied for the Road Safety Remuneration Tribunal (RSRT) to force major retailers to pay transport operators within 30 days of work completed. The TWU noted that the RSRT had already made a 30-day payment order to ensure owner drivers were paid by transport companies which hire them within 30 days. “This...
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Long-time engineer's hunger-driven safety breach a one-off: FWC
The Fair Work Commission (FWC) has ordered Jetstar Airways Pty Ltd to reinstate a licensed aircraft maintenance engineer sacked for using a tow motor for a lunch run because it held dismissal wasn't proportionate to his safety breach. Commissioner Anna Lee Cribb found Raghbir Gill was unfairly dismissed for misconduct because he was disciplined dif...
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Driver pay order in the balance as RSRT defers decision on delay
The Road Safety Remuneration Tribunal (RSRT) has deferred until next week a decision on an employers' bid to delay its driver pay order until 2017, leaving the order's fate in limbo just days before it is due to come into effect (WF 11/3/2016 ) . The tribunal this morning heard from employers and owner drivers who said they were in a state of confu...
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Govt knocks back bid to bring on ABCC Bills
The Federal Government has this afternoon shut down crossbench senator Ricky Muir's bid to bring forward a vote on the Australian Building and Construction Commission (ABCC) ahead of Senate voting reforms (WF 14/03/16). As his motion to amend the Govt's order of business in the Senate was denied, Muir argued the Govt could no longer claim the cross...
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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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$12k pay cuts not enough to stop FWC axing EA mid-bargaining
The Fair Work Commission (FWC) has terminated a Qld mining operator's expired enterprise agreement (EA) mid-negotiations, despite accepting it would reduce unions' bargaining power and likely result in acceptance of an offer overwhelmingly rejected by its workforce. Senior Deputy President Jonathan Hamberger accepted termination of Peabody's EA for...
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CFMEU wins bid to have ‘industrial warrior' at blackmail trial
Boral CEO and “industrial warrior” Mike Kane will take the stand in the trial of Construction Forestry Mining Energy Union (CFMEU) Vic union leader John Setka and his deputy Shaun Reardon over blackmail charges, with the Melbourne Magistrate's Court rejecting prosecutors' argument that Kane will be reduced to a “punching bag”...
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VP Lawler ‘dishonourable', ‘unfit for office': investigation
Ex-Fair Work Commission (FWC) Vice President Michael Lawler acted illegally when he secretly recorded the cmn's president and breached natural justice when he failed to disclose his relationship with ex-Health Services Union (HSU) secretary Kathy Jackson during conciliation , an investigation has found. The report by ex-Federal Court judge Peter He...
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