The Master Builders Association of Vic (MBA) has slammed a group of contractors who are “close” to reaching an in-principle enterprise agreement (EA) with the Construction Forestry Energy Mining Union (CFMEU) Vic branch, including an annual 5% pay increase. The unionwill hold a mass membership meeting at 10am next Wednesday (May 25) loo...
MBA warns employers as CFMEU Vic EA likely to be agreed next week
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Worker unfairly fired over coffee ‘theft'
In a decision citing contemporary philosopher Alain de Botton on the importance of caffeine in the workplace, the Fair Work Commission (FWC) has ordered a cleaner be reinstated after finding he had been unfairly dismissed for drinking a cup of coffee. Vice President (VP) Adam Hatcher found Glad Group Pty Ltd's termination of part-time cleaner and i...
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Coalition signals room to move on shipping Bill, holds talks with MUA
The Turnbull government has begun a comprehensive review of its contentious shipping legislation, which Labor dubbed “Work Choices on water” and cross-bench senators voted down last year. Infrastructure and transport minister Darren Chester's office confirmed to Workforce Daily that he had initiated meetings with stakeholders - includin...
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RSRT was ‘ambushed' with ‘lies': inside the demise of a tribunal
A former Road Safety Remuneration Tribunal (RSRT) panel member and an employer representative have decried the spread of misinformation that led to the tribunal's abolition, with a lawyer who represented employers arguing that parties were “ambushed by utter lies”. The comments were made yesterday (May 19) on a safe rates panel at the T...
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When is a mobile phone not a mobile phone? Driver ‘unfairly' fired
The Fair Work Commission has ruled that a bus driver who breached regulations by using his mobile phone while driving was harshly dismissed after considering that the phone did not contain a sim card and was used as a music device. Senior Deputy President (SDP) Lea Drake held ComfortDelGro Cabcharge Pty Ltd t/a Hillsbus Co Pty Ltd should reinstate ...
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Concerns over insubordination reasonable but not enough for sack
A 457 visa worker fired for “insubordination” when he refused to attend a toolbox meeting because of a “headache” has been awarded more than $8k in compensation for unfair dismissal. Senior Deputy President Peter Richards found East Coast Bullbars (ECB) metal polisher Edwin De Sola engaged in “a public display of insub...
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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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FWC orders $50k payout for unfair sacking over ‘unusual' work hours
The Fair Work Commission has ordered a Qld motorcycle dealership to pay its sacked business manager more than $50k in unfair dismissal compensation, despite concerns over what he was doing when he entered the premises on weekends and in the middle of the night. Senior Deputy President Peter Richards found Morgan & Wacker Harley Davidson (MWHD) ...
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ACTU leader declares TURC a failure; unions still have standing
Unions have survived the Trade Union Royal Commission (TURC) with their reputation not just intact but improved, Aust Council of Trade Union (ACTU) secretary Dave Oliver has argued. But the union movement cannot be complacent as it faces a new challenge, with the rise of digital disruption threatening not only traditional notions of work but the no...
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FWC upholds broad employer power to direct workers to train labour hire
The Transport Workers Union (TWU) has lost its claim that Qantas catering employees cannot be directed to train labour hire contractors to do the same work they do after arguing it would be “unsafe” and go beyond their employment duties. Fair Work Commission VicePresident Graeme Watson held that QCatering Limited could require its emplo...
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ACTU leader declares TURC a failure; unions still have standing
Unions have survived the Trade Union Royal Commission (TURC) with their reputation not just intact but improved, Aust Council of Trade Union (ACTU) secretary Dave Oliver has argued. But the union movement cannot be complacent as it faces a new challenge, with the rise of digital disruption threatening not only traditional notions of work but the no...
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FWC orders termination of Essential Energy strikes - at union's request
The Fair Work Commission (FWC) has terminated all protected industrial action at NSW's Essential Energy in a rare case that saw the union arguing for the cmn to stop its own planned 80-hour strike so as to trigger compulsory arbitration mechanisms. After some 18 months of stalled enterprise agreement (EA) talks, Senior Deputy President Jonathan Ham...
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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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Employer wrong to bar redundancy, leaving workers to watch TV
The Fair Work Commission (FWC) has ordered Essential Energy to accept voluntary redundancy (VR) applications after finding its decision to keep on two redundant employees for two years despite no real work for them was “absurd and “ridiculous” and so not a valid exercise of managerial prerogative. However, FWC knocked back the Bro...
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FWBC drops action against CFMEU leader amid claims case ‘political'
The building industry watchdog has dropped its legal action against the head of the Construction Forestry Mining Energy Union (CFMEU) after backing away from claims the leader participated in allegedly unlawful industrial action. The Fair Work Building and Construction Commission (FWBC) had in February named Michael O'Connor and most of the CFMEU N...
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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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Worker ordered to pay almost $14k for refusing settlement offer
The Fair Work Commission (FWC) has ordered an unrepresented worker to pay almost $14k in legal costs because even though he was not a “seasoned negotiator” it was “straightforward” for him to know his unfair dismissal claim would be unsuccessful when he refused $3k to settle. Commissioner Bruce Williams ordered construction ...
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CFMEU Vic members back MUA merger - and industry EA
A mass meeting of more than 4,500 Construction Forestry Energy Mining Union (CFMEU) Vic branch members has unanimously voted to support a merger with the Maritime Union of Australia (MUA) and accept an in-principle industry agreement with major contractors (WF 20/05/16). The CFMEU said the in-principle template agreement struck with several major b...
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Full Court rebuffs broad restrictions on protected action after breach
A Full Federal Court has rejected argument that all industrial action ceases to be protected for an indefinite period once it is established workers breached a stop order, ruling the protection is only lost for the period in which the order applied. However, a court majority upheld findings that such industrial action, stripped of its protection, b...
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Cleaner unfairly sacked while seeing ‘dying mother
The Fair Work Commission (FWC) has found a part-time cleaner who was sacked while visiting her “critically ill” mother overseas was fired for a valid reason but that the dismissal was ultimately harsh. Deputy President John Kovacic found Rose Cleaning Service (RCS) had a valid reason to fire cleaner Ryva Llauder-Caddy because she was ab...
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