The Fair Work Commission (FWC) has knocked back right of entry (RoE) permits for two Construction Forestry Mining and Energy (CFMEU) Vic branch officials while allowing another with conditions, after considering that the branch's “normalisation” of law breaches set it a higher bar to pass. The Fair Work Building & Construction Commi...
CFMEU Vic ‘lawlessness' history goes against officials in RoE
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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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Dismissal protections limited for labour hire fired due to host client
WFD: In what appears to be a loophole in the Fair Work Act, the Fair Work Commission (FWC) has held unfair dismissal considerations over valid reasons, opportunity to respond and warnings are all rendered irrelevant when a labour hire employee is sacked as a result of the host employer's directions. That was despite the host employer's reason relat...
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Coles-SDA EA leaves workers worse off: bench
WFD: In a ruling that could have broad ramifications for the retail industry, a Fair Work Commission full bench has ruled Coles' controversial enterprise agreement (EA) with the Shop Distributive Allied Employees Union (SDA) fails the Better Off Overall Test (BOOT) by cutting the pay of part-timers and casuals by thousands of dollars. The bench - V...
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Full bench to consider challenge to ‘strict' NERR time requirements
WFD: The Australian Industry Group (AiG) is appealing a decision that applies strict time limits to the issuing of notices of employee representational rights (NERR) and which threatens to give rise to significant problems for enterprise bargaining. The employer group this week sought to appeal Fair Work Commissioner Julius Roe's decision that held...
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CFMEU RoE restrictions quashed
WFD: A Fair Work Commission (FWC) full bench has in part quashed a decision that imposed sweeping restrictions on right of entry permits for Construction Forestry Mining Energy Union (CFMEU) officials in Qld, Northern Territory, Victoria and Tasmania (WF 11/03/16). Vice President Joe Catanzariti, Deputy President Val Gostencnik and Commissioner Ton...
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Fed court ends challenge to Batt's post as CPSU Vic boss
WFD: Karen Batt has avoided facing her first election ballot in 20 years and will be declared Community Public Sector Union (CPSU) Vic secretary again after a Federal Court inquiry found sole challenger and union employee Jim Reid was ineligible to run ( WF 27/5/2016 ). The determination handed down May 31 appears to show CPSU Vic employees, includ...
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Minimum wages up by 2.4%
WFD: The Fair Work Commission has increased the minimum wage by 2.4%, resulting in a $17.70 an hour rate and $672.70 a week from July 1. The increase represents a rise of $15.80 a week or 41c an hour. The Australian Council of Trade Unions had called for a $30 a week increase, or a 4.6% rise, to restore “lost ground” as a result of 2015...
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FSU secretary fails to stop rule changes said to ‘dilute' her power
WFD: Finance Sector Union (FSU) national secretary Fiona Jordan has failed to stop changes to the union's rules that she argued were “anti-democratic” and aimed at usurping her powers and responsibilities. The new rules mean that Jordan's factional rival, assistant secretary Geoff Derrick, must comply with the union executive and nation...
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Improper iPhone use not valid reason for dismissal: FWC
WFD: The Fair Work Commission (FWC) has found improper company mobile phone use is not a valid reason for dismissal in circumstances where there is no clear policy on the issue and the employee was not seeking to gain financial advantage through his actions. Commissioner Chris Simpson found supplier of drinking water Refresh Waters Queensland Pty L...
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CFMEU cops $22k penalties fighting for unpaid wages
WFD: The Federal Court has ordered the WA construction union and six officials and officers to pay fines totaling $22,500 in a case involving a blockade of Perth International Airport after workers hadn't been paid for six to eight weeks. The court was presented an agreed set of facts between the Fair Work Building Inspectorate and the union, so th...
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Threatening ‘Armageddon' on building site is coercion
WFD: The Federal Court has found construction union officials unlawfully threatened Hansen Yuncken Pty Ltd (HY) and Leighton Contractors Pty Limited (LC) with nationwide industrial action and “Armageddon”, after safety-related problems saw tempers fray and workers walk off the job. The joint venture's Royal Adelaide Hospital (RAH) site ...
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Calling South American co-worker ‘dirty gringo' is racist: FWC
WFD: A “minute of madness” in which a well-regarded union delegate abused a co-worker by calling him a “dirty gringo c--t” and saying “I'll fix your red wagon” constituted racial abuse and a threat of violence warranting dismissal, the Fair Work Commission has found. A 15-year CUB Ltd veteran and ten-year Constru...
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FW Act imposes extra RoE conditions under WA OHS law: FCC
WFD: The Fortescue Metals Group (FMG) has lost its bid to have a Communications Electrical Plumbing Union (CEPU) WA claim that it “unduly delayed” an official's right of entry (RoE) into a workplace following a workplace fatality summarily dismissed. The decision confirms that Fair Work Act (FW Act) RoE protections apply to WA, despite ...
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FWC recommendation fails to cool long-running firies' EA dispute
WFD: The Fair Work Commission (FWC) has hit out at the Vic Country Fire Authority (CFA) for “ignoring the long and sensitive EA bargaining process” and good faith bargaining requirements in the conciliation for a new enterprise agreement (EA) with the United Firefighters Union Vic branch (UFU). In his final recommendation over the barga...
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Diary
Centre for Employment and Labour Relations Law seminar: 'A Short History Of Industrial Relations In Major League Baseball' by senior fellow at Melbourne Law School Braham Dabscheck. June 7, 1-2pm. Melbouren Law School. RSVP here . Australian Labour Law Association national conference: Nov 4-5, St Kilda, Melbourne. More info here .
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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 : 314021720115.
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Court sends media company $280k message over unpaid ‘internships'
In an extraordinary judgment, the Federal Circuit Court has ordered a Chinese media company to pay more than $280k in penalties after it was found to have underpaid two employees about $18k, including by unlawfully engaging a student as an unpaid intern over a four month period. The penalties represent a massive jump in the level of fines for unlaw...
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CFMEU ‘industrial weapon' to be tested in the Federal Court
The Fair Work Building Commission (FWBC) is challenging the Construction Forestry Mining Energy Union Qld branch's (CFMEU) use of a controversial enterprise agreement (EA) ‘union meeting' clause to conduct work stoppages while negotiating for a new deal. The FWBC argues that since May 9 CFMEU Qld organisers have engaged in coercion by organis...
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FSU gives qualified support to banking Royal Commission
The FSU has come out in support of a Royal Commission into banking and financial services misconduct, but only if the terms of reference don't allow it to become a “witch hunt” against individual employees and instead focus on “systemic” problems caused by senior management decisions. In an unreported statement issued last w...
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