The Fair Work Commission (FWC) has upheld the summary dismissal of a women's refuge director accused of calling clients “prostitutes” and “ex-druggies” and threatening to take one's children away. Commissioner Tony Saunders found Southlakes Refuge Association's investigation of the claims was reasonable in all the circumstan...
Domestic violence worker fairly fired for calling clients ‘prostitutes': FWC
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Govt sets up post-abolition inquiry into RSRT's safe rates
The Federal Government has requested the Australian Small Business and Family Enterprise Ombudsman conduct a “broad” and “urgent” inquiry into the impact of the late Road Safety Remuneration Tribunal (RSRT)'s safe rates order, claiming owner-drivers are still suffering financial difficulties weeks after its abolition (WF 22/...
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CPSU Vic heads to court to stop challenger for union boss
The Community and Public Sector Union (CPSU) Vic branch is contesting union employee Jim Reid's right to run for branch secretary in court, despite earlier indications that incumbent Karen Batt had accepted the first challenge to her leadership in 20 years ( WF 06/05/16 ).. The union last Friday (May 6) filed a Federal Court challenge to the Austra...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Helen Jones. Twitter: @WorkforceTR
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Overseas worker underpayment claims surface at Subway
Underpayment claims have been made at a Subway fast-food outlet, with a union alleging the outlet constructively dismissed a visa worker because she complained about not being paid properly after working seven days a week for a month. In a legal action filed last week, the Shop Distributive Allied Employees Association (SDA) alleged Subway's Bentle...
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Two-metre penis no laughing matter
The Fair Work Commission (FWC) has held that drawing a picture of a penis in response to a bullying investigation can be a valid reason for dismissal - when taken into account with other behaviour that showed the employee didn't take claims of bullying seriously. MMA Vessel Operations Pty Ltd had been investigating the two-metre high picture of a p...
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New IR judges selected for FCC
The Federal Government last week announced two IR barristers had been appointed as judges to the Federal Circuit Court, including one with a key role in adverse action cases involving industrial activity. Last week (May 6) Attorney-General George Brandis said Alister McNab had been appointed to fill the vacancy in the Melbourne registry left by the...
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CWU NSW boss still ‘bona fide' after not disclosing alleged assault: FWC
Not disclosing you allegedly head-butted a fellow union official during a break in enterprise bargaining can still mean you're a “fit and proper” person to hold a right-of-entry (RoE) permit, the Fair Work Commission (FWC) has ruled. Deputy President Jeff Lawrence this week granted Communications Workers Union (CWU) NSW secretary Jim Me...
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Qld Catholic schools end bargaining dispute for ‘new approach'
Hundreds of Qld Catholic schools and teachers have suspended their long-running industrial dispute for two months to participate in the Fair Work Commission's (FWC) new approaches program (NAP). At the FWC on May 6 the Independent Education Union of Australia (IEU) and Qld Catholic Education Commission (CEC) agreed Vice President Joe Catanzariti an...
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Intern scheme allows employers to take on higher pay increase: ACTU
The Australian Council of Trade Unions (ACTU) has sought to use the Federal Government's proposed new internship program to argue for a higher increase to the minimum wage. In its post-budget reply to the 2016 annual wage review filed on May 9, the union peak body said the announced Youth Jobs PaTH would improve business capacity to “absorb a...
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Wharfies vote down Patrick ‘final' EA offer - lockouts may begin
Waterside workers at Patrick Stevedores Port Botany, Fremantle, Melbourne and Brisbane terminals have resoundingly voted down the company's “final” enterprise agreement (EA) offer today (May 10) - heightening the possibility for a lockout of workers who participate in strikes. Of the 827 (out of 911 eligible) employees who voted, about ...
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Drug user must pay up after caught lying in unfair dismissal case
In a rare costs decision, the Fair Work Commission has ordered a driver to pay more than $18,600 after he “did a runner” when it emerged during proceedings he'd fabricated a “clean” drug test to argue his sacking was unfair. Deputy President Val Gostencnik said throughout cross-examination Toll Holdings yard truck driver Jam...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Helen Jones. Twitter: @WorkforceTR
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‘Destructive' conflict of interest no small sin for 25-year veteran: FWC
The Fair Work Commission (FWC) has rejected a worker's unfair dismissal claim because he'd failed to disclose his involvement with a company seeking a contract with his employer. FWC said his conduct was destructive of the necessary confidence between the employer and employee. Manufacturer Cryovac Australia Pty Ltd trading as Sealed Air sacked 25-...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Helen Jones. Twitter: @WorkforceTR
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Report recommendations are ‘adverse action; trainee reviews not'
The Federal Court has ruled an independent investigator's recommendation to consider terminating a trainee employee can constitute adverse action, even if it had no practical effect. Justice Richard White held the recommendation was adverse because it undermined the prison trainee's expectation that in the ordinary course he would be appointed an o...
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No opportunity to respond cruels ‘not a good fit' small biz sacking
The Fair Work Commission has found a worker's dismissal was harsh and unjust in part because his small business employer failed to give him an “opportunity” to respond to issues in his final warning letter. That was despite holding it was a valid reason to sack him because he was not a “good fit”. Small business telecommunic...
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Top IR lawyers brought in as judge inquires into CPSU Vic election
The Federal Court will hold an inquiry on May 26 to determine whether Community and Public Sector Union (CPSU) Vic branch secretary Karen Batt must face off in an election against member and employee Jim Reid after the union challenged Reid's eligibility. The ballot for the union leadership, which was set to open May 19, is now being stayed until J...
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Hospital strike ends but code uncertainty continues
A major dispute that shut down the Sunshine Coast University Hospital site in Qld is over after parties yesterday agreed to borrow a clause from a building industry agreement to settle their differences over future compliance with the Coalition's proposed building code. About 160 Nilsen Contracting employees walked off the job indefinitely last Thu...
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New laws restrict strikes for EA covering more than one employer
The Federal Government's new laws to restrict “strike first, talk later” issues have resulted in the rejection of a union's protected action ballot order (PABO) application involving a proposed single-interest employers' agreement. That was despite bargaining with the relevant workers' employer having gone on for several months. Conside...
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