WFD: The Fair Work Commission (FWC) has ordered a worker found to have been bullied at stevedoring giant DP World to get a second medical examination before it decides whether it would be too traumatising for her to give evidence in the unfair dismissal case of a stevedore accused of bullying her. The worker, Annette Coombe, provided the cmn with a...
Bullied DP World worker does not want to give evidence
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Firefighters union opposing inquiry into sexual harassment
WFD: The United Firefighters Union (UFU) has instructed its members not to participate in a Vic Equal Opportunity and Human Rights Commission (VEOHRC) review into bullying, sexual harassment and discrimination within brigades because it claims the cmn is biased against it. The Metropolitan Fire Brigade (MFB) CEO Jim Higgins notified firefighters by...
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Loy Yang has upper hand in battle so far, says CFMEU
WFD: Loy Yang power station says it has had “no trouble” filling its roster since securing a Fair Work Commission interim order against the Construction Forestry Mining Energy Union (CFMEU) and workers over alleged overtime bans, and has withdrawn from a determinative hearing scheduled for Thursday (July 14). Deputy President Richard Cl...
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Teachers score $100k salaries from ‘new approach'
WFD: The Independent Education Union (IEU) has praised the Fair Work Commission's (FWC) ‘new approaches program' (NAP) for helping it reach enterprise agreements (EA) with Queensland Catholic Education (QCE) by challenging each parties' pre-conceived bargaining positions. The IEU said positive outcomes from the deal, set to face a ballot at t...
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No entry rights before and after work: FWC
WFD: Right of entry (RoE) does not allow permit holders to enter company premises to hold discussions with employees before or after their shift, according to the Fair Work Commission (FWC). Commissioner Bruce Williams rejected contrary interpretations as they involved “a further but uncertain encroachment” on employers' common law prop...
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Pokemon Go phenomenon now a workplace issue
WFD: The Pokemon Go craze that is sweeping the world has hit Australian workplaces, with a major logistics company issuing an all-sites warning for its employees not to play the game due to risks to health and safety. Qube Logistics, which provides services covering road and rail transport and warehousing, advised staff in a national safety alert o...
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Induction, mentoring and OHS rep review was bullying: FWC
WFD: The Fair Work Commission (FWC) has found a Catholic school principal's behaviour towards a 20-year serving teacher, including requiring her to do an induction program and be mentored by a junior employee, was unreasonable management action that amounted to bullying. The FWC also held the principal's decision to assign a business manager to rev...
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‘Dummy' sacking upheld: fake job applications breach of ethics
WFD: A tax compliance officer was validly fired for allegedly filing a “dummy” job application for an Australian Tax Office (ATO) position in an apparent bid to prove he was unfairly passed over for jobs, the Fair Work Commission has held. Between 2010 and 2011 Fahmid Rahman allegedly made or was instrumental in at least six false job a...
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Beer workers picket after employer changes contracts
WFD: Maintenance workers at Carlton and United Breweries (CUB) in Melbourne are picketing the site after losing their jobs when the brewery awarded the outsourced work to a more competitive and flexible non-union contract. Electrical Trade Union (ETU) organiser Steven Disson told Workforce Daily electricians and maintenance workers began picketing ...
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Turnbull flags joint sitting, wants volunteer protections in first week
WFD: Prime Minister Malcolm Turnbull has vowed to prioritise IR legislation in his first weeks of government, with the construction watchdog and registered organisations bills set to face the new Senate and changes to objectionable terms in enterprise agreements to be introduced in the first few days. Turnbull made the commitments after declaring v...
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CFMEU fined over strike in protest of pay docking
WFD: The Federal Court has penalised the Construction Forestry Mining Energy Union (CFMEU) a total $33k and 28 workers $1k each after they took strike action in solidarity with workers docked four hours' pay for being late by seven to 22 minutes. Justice Michael Barker found CFMEU WA assistant secretary Joe McDonald and the workers took unprotected...
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Electrician not fired after ‘burn out': FWC
WFD: An electrician who claimed he was forced to quit after he did a “burn out” in a customer's new driveway was not unfairly dismissed, the Fair Work Commission (FWC) has held. Megals electrician Rowan Wallis told his boss Bruce Hall he had caused a “foot long” skid mark while accelerating away from a customer's dog so it w...
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MUA claims EA ‘manipulation' in vessel operator negotiations
WFD: The Maritime Union of Australia (MUA) is challenging a non-union deal reached in the offshore oil and gas industry, accusing the employer of “manipulating” bargaining via a related entity and having just a few employees vote up a broad coverage deal. MMA Vessel Operator Pty Ltd (MMAVO) and about 20 other operators have been stuck i...
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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 : 314021720175.
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Diary
‘Comparative and international perspectives on Australian labour migration' Workshop: July 21-22, Melbourne Law School. Register by July 11. More info here : Australian Labour Law Association national conference: Nov 4-5, St Kilda, Melbourne. More info here .
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Sick from ‘bullying' constitutes exceptional circumstances
The Fair Work Commission (FWC) has granted an allegedly bullied worker an extension on the time to file a general protections application after she claimed she was fired while on sick leave. Alison McDonald said she suffered stress and anxiety as well as “debilitating” migraines from being bullied at work and making complaints to her em...
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Sacking of worker who told clients he was bullied unfair: cmr
An allegedly bullied employee sacked for making disparaging comments about his company and its senior staff has won his unfair dismissal case, with the Fair Work Commission (FWC) finding the employer didn't have the evidence to support its allegations. Construction company OSSA Services Pty Ltd sacked John Mahoney in February this year for “d...
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Top Ten IR decisions (Jan- July)
1. SDA penalty rates trade off fails BOOT In a decision with broad ramifications for the retail and fast-food industries, a FWC full bench rules Coles' EA with the SDA fails the Better Off Overall Test (BOOT) by cutting the pay of part-timers by thousands of dollars (WF 31/05/16). (Hart v Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Ltd [2016...
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Top Ten WR decisions (Jan-July)
1. Induction & mentoring were bullying The FWC finds a school principal's requiring a 20-year serving teacher to undertake an induction program and be mentored by a junior employee was unreasonable management action amounting to bullying (WF 12/06/16). (Susan Purcell v Mary Farah and Mercy Education Ltd T/A St Aloysius College, [2016], FWC 2308...
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Low fines for assessing unionist for redundancy as ‘no systemic failure'
In a case that showed decision-makers of adverse action are not limited to those with the final call ( WF 18/09/2015 ) , the Federal Court has ordered Clermont Coal Pty Ltd to pay just $5k in penalties after one of its assessors was found to have taken into account a union lodge president's industrial activities when considering him for redundancy....
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