Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
Editorial Team
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Patrick threatens lockout as takes offer direct to a vote
Patrick Stevedores will put its “final offer” to a direct employee vote and has threatened a possible lock out if it is voted down after Maritime Union of Australia members continued their protected industrial action and failed to respond to the offer ( WF 15/04/15 ) . The offer, which cuts the initial first-year pay increase from 3% to...
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Union WHS delegate unfairly dismissed despite safety breaches
The Fair Work Commission (FWC) has found Nestle Australia Limited unfairly dismissed a union health and safety (H&S) delegate despite his having knowingly breaching safety policies, after considering that he had been at Nestle for 35 years, was an active union delegate and H&S rep and other workers liked and regarded him as a good employee....
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Rio Tinto mine took adverse action when standing down ‘unfit' worker
The Federal Court has found that a Rio Tinto mine took unlawful adverse action by standing down an injured worker assessed unfit for work just four days after he was awarded a $637k damages claim against the company. Justice John Reeves rejected that Hail Creek Coal Pty Ltd had had “any genuine concern” for safety when it stood down and...
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Senate knocks back ABCC which PM says ‘would' trigger election
Prime Minister Malcolm Turnbull has said the Senate rejecting the bills to restore the Australian Building and Construction Commission (ABCC) for a second time last night (April 18) would likely trigger a double dissolution election. "My intention is after the budget, an appropriate time after the budget has been delivered [on May 3], I will be ask...
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Rio Tinto mine took adverse action when standing down ‘unfit' worker
The Federal Court has found that a Rio Tinto mine took unlawful adverse action by standing down an injured worker assessed unfit for work just four days after he was awarded a $637k damages claim against the company. Justice John Reeves rejected that Hail Creek Coal Pty Ltd had had “any genuine concern” for safety when it stood down and...
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‘Usual' casuals set for LNG project not allowed to vote on EA
The Fair Work Commission has held a resource industry employer's entire workforce was not eligible to vote in an enterprise agreement ballot because they were casuals who were not employed “at the time” of the vote. Commissioner Tim Lee refused to approve McDermott Australia Pty Ltd's EA covering offshore construction work for the Ichth...
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RSRT abolition could hit FWC and FWO resources
Parliament's decision this week to abolish the Road Safety Remuneration Tribunal (RSRT) is expected to have significant impacts on the budgets of the Fair Work Commission (FWC) and the Fair Work Ombudsman (FWO). The RSRT budget of $4m a year - now set to be transferred to the National Heavy Vehicle Regulator - had been split between the FWC and the...
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FWC rejects bullying claim after diving into ‘uncertainty' of dismissal
The Fair Work Commission (FWC) has thrown out a worker's anti-bullying application after finding that, despite a lack of express termination and the worker's claims she was still employed, she had treated her contract as repudiated and was not at risk of bullying at work. Commissioner Peter Hampton took into account that “KM” - a consul...
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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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Full bench overturns decision not allowing casuals to vote on EA
A Fair Work Commission (FWC) full bench has quashed a decision that held a resource industry employer's workforce was not eligible to vote in an enterprise agreement (EA) ballot as they were casuals who were not employed “at the time” of the vote. The bench said such a finding could lead to voter “manipulation”. McDermott Au...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Trolley collector fired after underpayment complaint to Coles
The Fair Work Commission (FWC) has found a Coles subcontractor unfairly fired its trolley collector because he had complained to the supermarket chain that he and others might be underpaid. The findings come just two years since Coles signed an enforceable undertaking (EU), declaring it has a “moral and ethical responsibility” to ensure...
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Chemist shop no Castle for bullying owner
A co-owner of a pharmacy sacked for bullying co-workers with abusive, homophobic and racist language has failed to win back his job. The Fair Work Commission (FWC) heard pharmacist Gary Wakeling abused workers at Foster Pharmacy in NSW by among other things telling them they were "weak as piss", calling his Chinese co-director “gay” and...
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CFMEU official hit with record RoE ban despite mental condition
A Construction Forestry Mining Energy Union (CFMEU) Qld branch official has been banned from entering job sites for two years, after he entered a site illegally under the guise of an occupational health and safety (OHS) inspection. The Federal Circuit Court (FCC) earlier fined Scott Vink over the breach, in which he abused the site's OHS manager an...
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Labor commits to scrap Coalition bargaining policy
The Australian Labor Party has committed to eradicate the Coalition government's controversial public sector bargaining policy if it wins the upcoming federal election. The Community and Public Sector Union (CPSU) has been encouraging it's members to vote down a host of govt proposed enterprise agreements (EAs) in an attempt to force the Coalition ...
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Locked up worker loses bid to adjourn unfair dismissal claim
WFD: A public servant sentenced to nine months' imprisonment for child sex offences in November 2012 but who remains behind bars following further charges has lost his attempt to have his unfair dismissal claim adjourned until he was released from jail. Fair Work Commission Senior Deputy President Peter Richards noted former Department of Defence j...
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Rio Tinto mine took adverse action when standing down ‘unfit' worker
WFD: The Federal Court has found that a Rio Tinto mine took unlawful adverse action by standing down an injured worker assessed unfit for work just four days after he was awarded a $637k damages claim against the company. Justice John Reeves rejected that Hail Creek Coal Pty Ltd had had “any genuine concern” for safety when it stood dow...
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FWC rejects bullying claim after diving into ‘uncertainty' of dismissal
WFD: The Fair Work Commission (FWC) has thrown out a worker's anti-bullying application after finding that, despite a lack of express termination and the worker's claims she was still employed, she had treated her contract as repudiated and was not at risk of bullying at work. Commissioner Peter Hampton took into account that “KM” - a c...
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Union WHS delegate unfairly dismissed despite safety breaches
WFD: The Fair Work Commission (FWC) has found Nestle Australia Limited unfairly dismissed a union health and safety (H&S) delegate despite his having knowingly breaching safety policies, after considering that he had been at Nestle for 35 years, was an active union delegate and H&S rep and other workers liked and regarded him as a good empl...
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