During the past 10 days federal public sector enterprise agreements (EA) have been voted up and down at several government agencies, with bargaining now on hold during the election caretaker period. The CPSU has told Workforce that yesterday (May 12) 57% of staff at the Australian War Memorial voted down a govt EA offer from a participation rate of...
Public sector bargaining on hold after mixed success in EA ballots
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FWC rejects the Irish defence - ‘fixing up' boss a threat
The Fair Work Commission (FWC) has found an Irish worker telling his boss “I'll fix you up” was grounds for summary dismissal, rejecting the worker's defence that an Irish person wouldn't have taken the comment as a threat. Deputy President John Kovacic found Xmplar Building Solutions Pty Ltd drainer and 457 visa worker Adrian Hennigan ...
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Complaint over ‘no good mate' comment a workplace right: judge
The Federal Court has dismissed a casual employee's claim that he was “frozen out” because he'd complained about his supervisor's “sarcastic” response to news his father was dying. Justice Richard Tracey accepted a complaint the Thiess Pty Ltd administrative assistant's brother made on his behalf related to his employment bu...
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FWBC takes on new role grilling CFMEU EAs
Construction industry agreements voted up this week will now face the added scrutiny of the building watchdog. It follows revelations the federal Coalition government scrapped the long-standing policy that agreements be deemed automatically compliant with the building code. The Fair Work Building Construction Commission (FWBC) released a statement ...
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Gender quotas not part of employment relationship: bench
A Fair Work Commission (FWC) full bench says the Vic Metropolitan Fire and Emergency Services Board (MFB) does not have to consult the unionon gender quotas as they do not pertain to the employment relationship - but has ruled it does need to consult on key recruitment issues. The bench - Vice President Adam Hatcher, Deputy President Val Gostencnik...
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Strict NERR requirements apply to date issued: FWC
In a decision that could disrupt a common practice in enterprise bargaining, the Fair Work Commission (FWC) has rejected a proposed agreement because the notice of employee representational rights (NERR) was not issued within 14 days of the start of bargaining. Commissioner Julius Roe held the 14-day period under s173(3) of the FW Act was a strict ...
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Greens promise to ‘legislate' a penalty rates minimum
The Greens have pledged to legislate to protect penalty rates after accusing Labor of “shamefully” agreeing to accept the Fair Work Commission's (FWC) decision if it chooses to cut retail and hospitality Sunday rates in the latest modern award review. Greens MP and IR spokesperson Adam Bandt said today that the party was not proposing t...
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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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HR worker unfairly dismissed for 'leaking confidential complaint info'
The Fair Work Commission (FWC) has found an HR employee was unfairly fired for disclosing confidential HR information - including the identities of complainants - because her employer's investigation and disciplinary processes were “severely flawed”. Commissioner Ian Cambridge found fundraiser for charities, 2evolve Pty Ltd, denied oper...
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Less than one in 10 bullying claims proceed to end: experts ask why
The Fair Work Commission (FWC) has revealed that just 9% of applications for orders to stop bullying have been determined by the cmn over the past two years. FWC anti-bullying panel head Commissioner Peter Hampton last night (May 16) said at an anti-bullying jurisdiction seminar at Melbourne Law School there was a “relatively high settlement ...
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AFP union elections ‘tainted' amid ‘gerrymandering' claims
The Federal Court has ordered the Australian Federal Police (AFP) union to hold fresh elections after finding its botched one called last year was “irretrievably tainted by irregularities”. Justice Anna Katzmann found one third of the 2015 election nominations were invalid in an inquiry prompted by member claims of “gerrymandering...
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Backpacker tax to be deferred until 2017
The federal Coalition has announced it will suspend the upcoming backpacker tax for six months if elected, pending a ministerial review. The tax, which was set to come in July 1, 2016, would have charged working holiday visa workers a 32.5% tax rate from the first dollar earned. Assistant Treasurer Kelly O'Dwyer today announced the tax would be sus...
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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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Wage growth continues to slow in 2016
Private sector wage increases have fallen below 2% on an annual trend basis for the first time, the latest ABS Wage Price Index shows. The decline to a 1.9% increase from March 2015 to March 2016 followed just 0.4% quarterly growth. It sets a steep year-by-year fall, with the March 2014-15 annual trend at 2.3% and the March 2013-14 trend at 2.6%. P...
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Judge orders CFMEU not to pay organiser's fine over Boral blockade
The Federal Court has fined a senior Construction Forestry Mining Energy Union (CFMEU) Vic branch organiser $18k while ordering that his union not pay the fine. Justice Debbie Mortimer last week decided to issue a “prohibitory order” against the CFMEU paying its organiser Joseph Myles's fine because “it is appropriate to make̶...
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Worker who told boss to ‘kiss my arse' did not get the arse: FWC
An employee pointing to his bottom while telling his manager to “kiss my arse” after a dispute over meal allowances was not dismissed but resigned in “a moment of pique”, the Fair Work Commission has held. Steelcon Pty Ltd t/a Steelcon Cava's GM Guillermo Alonzo said that early one morning at the mess hall he had advised hyd...
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Calling CEO a ‘c**t' next level: FWC
Using the f-word when talking to your boss may not be grounds for dismissal but calling him a “c**t” is, the Fair Work Commission has held. However, Deputy President Ingrid Asbury concluded Ace Recycling Pty Ltd's summary dismissal of Tre Hain was unfair because it was done by text message, declaring it “takes two to tango”....
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PABO granted in ‘tortuous' vessel operator negotiations
The Fair Work Commission (FWC) has granted the Maritime Union of Australia (MUA) the right to conduct a protected action ballot order (PABO) to take industrial action on two offshore vessels following “long and tortuous” negotiations stretching over four years. Vice President Graeme Watson found MUA could conduct industrial action at MM...
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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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Tone of worker's email can contribute to valid dismissal: FWC
The Fair Work Commission (FWC) has found a worker's “unprofessional” tone in emails formed part of a pattern of conduct that was serious enough to form a valid reason for dismissal. Deputy President Melanie Binet held Next Residential Pty Ltd (NR) fairly dismissed sales representative - and purported independent contractor - Michael Gar...
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