WFD: The group challengingfor the Flight Attendants Association of Australia (FAAA) leadership has slammed the incumbent secretary for offering free iPads if he wins the election, stating union funds should support members entitlements rather than being saved up for elections. With the ballot closing next week (May 2), FAAA led by international div...
Flight attendants union accused of offering iPads to win election
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South Africa workforce means one-worker employer no small biz
WFD: The Fair Work Commission (FWC) has found a worker can access the unfair dismissal jurisdiction despite working less than 12 months in a business where he was the only employee. The cmn held the business was not covered by the Small Business Fair Dismissal Code after taking into account its overseas associated entities when determining how many...
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Contract & award mean ‘regular' casual not permanent part-timer
WFD: A casual care support worker who regularly worked about 120 hours a month was not a permanent employee because his contract specified he was a casual and letters from his employer highlighted that his hours were not guaranteed, a Fair Work Commission (FWC) full bench has ruled. The bench - Vice President Graeme Watson, Senior Deputy President ...
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Sack unfair for ‘misrepresentation' that uncovered safety issues
WFD: The Fair Work Commission (FWC) has found a construction worker's posing as a supervisor to raise safety concerns with his employer's labour hire provider was “misguided” but not a valid reason for dismissal. Casual plant operator Troy Jarvis had introduced himself as a Croker Constructions supervisor to the general manager of labou...
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Worker employed for less than 7 years in Australia entitled to LSL
WFD: An employer will be appealing a significant WA Industrial Magistrates Court (WAIMC) finding that a worker hired in the UK is entitled to 23 weeks long service leave (LSL) under WA state law despite not having worked seven years with an Australian entity. Magistrate Giusseppe Cicchini decided Martin Venier was entitled to LSL because the WA par...
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Teys scraps incentive scheme but up for million-dollar backpay
WFD: Meat processor Teys has reached an estimated million-dollar backpay deal for its Beenleigh workers as it nears a resolution of its now three-year dispute with the meat workers union, which led to the quashing of its ‘radical' enterprise agreement (EA) and restoration of boners' piece rates. However, Teys has succeeded in getting a majori...
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FWC rejects CPSU bid to bring Cash to bargaining table
WFD: The Fair Work Commission (FWC) has denied the Community and Public Sector Union's (CPSU) request for Senator Michaelia Cash to attend enterprise agreement (EA) bargaining meetings between it and the Australian Electoral Commission (AEC). The CPSU sought a bargaining order (BO) requiring Cash, as Minister Assisting the PM for the Public Service...
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Border Force strikes suspended for 90 days due to ‘terrorist' threat
WFD: The Fair Work Commission (FWC) has suspended Australian Border Force (ABF) workers' protected action for three months after finding “criminal or terrorist opportunistic behaviours” more than likely occurred during their recent rolling stoppages at airports and would likely feature in future action. Commissioner Nick Wilson made the...
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Life insurance counts as income: full bench
WFD: Employer-provided life insurance counts towards employees' income when assessing their eligibility to make unfair dismissal claims, a Fair Work Commission (FWC) full bench has ruled. The bench overturned an earlier finding by Commissioner Anna Lee Cribb that Savannah Nickel Mines employee Bryan Crowley was below the $136,700 threshold because ...
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Diary
FWC Workplace Relations Lecture: ‘The Fair Work Commission & the Anti-Bullying Jurisdiction'. Speaker is Commissioner Peter Hampton. Panel includes Associate Professor Anna Chapman, Maurice Blackburn employment head Josh Bornstein and Ashurst partner Steven Amendola. May 16, 5:30-7pm, Melbourne Law School. More info here . Australian Labo...
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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 Product Code : 314021720065.
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Court awards $350k for pre-employment misrepresentations
The Federal Court has awarded a senior employee $333,422 in damages after finding she relied on a company's deceptive and misleading representations about its financial position to leave her job to become its general manager. Justice Mordy Bromberg held that Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd misrepresented its profit and ea...
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Judge sends 7-Eleven a message with $200k fine for underpayments
In the first ruling since the 7-Eleven underpayment scandal broke last year, the Federal Circuit Court has fined a Sydney 7-Eleven franchisee and its sole director more than $200k for underpaying two migrant workers. Judge Justin Smith determined the fines at 75% of the maximum after finding the Blacktown store's $49k in underpayments over a two ye...
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Dismissal unfair despite ‘shock' discovery of ‘nude selfies'
A small business employer's discovery that its bookkeeper had stored her ‘nude selfies' on her work computer was not reasonable grounds to believe she had committed serious misconduct that justified immediate dismissal. Prestige Paving had claimed Jenna Basse's “inappropriate” use of her work computer for personal reasons was an &...
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ETU wins $600K for FIFOs but bench limits broader application
The Electrical Trade Union (ETU) has won a Fair Work Commission (FWC) full bench decision that resource employer Kentz (Australia) Pty Ltd must pay 150 fly in, fly out (FIFO) workers $600k. However, in a move championed by industry, the bench quashed a ruling characterising rest and recreation (R&R) for FIFO workers as a form of “regulate...
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Labor promises to restore min rates for owner drivers
Labor has pledged to bring back minimum ‘safe rates' for owner-drivers if it wins the election, reaffirming its belief in a “clear link” between truckies' low rates of pay and unsafe road conditions. A spokesperson for opposition leader Bill Shorten told Workforce today that “Labor will work with industry and the unions to b...
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Min wage panel highlights medium-term targets
The annual wage review panel has urged the Federal Government and employer groups to respond to unions' calls for separate hearings into a medium-term target for the minimum wage and has flagged UK reports into the issue. Last month, United Voice (UV) proposed the Fair Work Commission set a five-year target for the minimum wage to improve relativit...
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Brands beware: FWO going after accessories in almost all cases
The Fair Work Ombudsman (FWO) has lambasted major brands' failure to engage with it over contractor or franchisee underpayments, warning them it is now pursuing "accessories” other than the employers in more than 90% of its cases. Speaking at an Australian Industry Group conference today, FWO Natalie James singled out 7-Eleven and Baiada Poul...
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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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Is it time Australian unions smarten up with apps?
Australian unions are slowly waking up to the use of smartphone apps but time may be running out as non-union identities may take the place of providing workers industrial information through apps. While many unions have apps for discount services, the Vic branches of the Aust Nurse and Midwifery Federation (ANMF) and Electrical Trades Union (ETU) ...
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