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Vic firies union seeking EA vote without CFA board agreement

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United Firefighters Union of Victoria (UFU) will next week seek its members' in-principle endorsement of the Country Fire Authority's (CFA) controversial enterprise agreement (EA), despite a lack of agreement from the new CFA board. The UFU notified its members yesterday of its July 26 “special general members meeting” at Vic Trades Hal...

Failed TURC police charges continue to stack up

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WFD: Failed prosecutions from the Trade Union Royal Commission (TURC) police taskforce now total seven, with not guilty verdicts handed down this week against two Construction Forestry Mining Energy Union (CFMEU) Qld officials. The Brisbane Magistrates Court confirmed to Workforce that on Monday (July 18) and Wednesday (July 20) it discharged Qld o...

Qantas liable for w/comp over arrest of flight attendant

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WFD: A Qantas flight attendant jailed in the US after allegedly putting his penis in a female colleague's mouth while staying in a work-paid motel - a claim found later to be unsubstantiated - is entitled to workers' compensation for the traumatic effects of the arrest, the Qld Industrial Court (ICQ) has held. On May 22, 2013, Qantas transported lo...

ACCC can pursue CFMEU over Boral ban before blackmail trial

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WFD: The Federal Full Court has given the ACCC the go-ahead to proceed this year with legal action against the construction union over its ban of concreter Boral. It rejected the union's appeal the matter be stayed pending the related criminal trial. However, the ACCC has agreed to abandon its action against Construction Forestry Mining Energy Unio...

Hanson to fight union dominance of small business in construction

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WFD: Pauline Hanson, whose Senate votes are likely to hold the key to passing the Australian Building and Construction Commission (ABCC) Bills, has committed to protect small business from union control in the construction industry. Hanson told ABC's Q&A program on Monday (July 18) that on the current vote count she was looking at four Senate s...

Cabinet reshuffle: Cash still in the job

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WFD: Senator Michaelia Cash has retained her role as federal employment minister in the Cabinet reshuffle announced by Prime Minister Malcolm Turnbull this afternoon. Meanwhile, Riverina MP and former parliamentary secretary Michael McCormack is taking over the small business portfolio from Kelly O'Dwyer. Luke Hartsuyker, who was skills minister un...

Employer ‘frustrated' worker application through non-response

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WFD: The Fair Work Commission (FWC) has granted a “naïve” worker extra time to file a general protections claim after it found his employer “deliberately frustrated” his attempt to challenge his termination by not responding to his correspondence. Hills Holdings LTD claimed it fired electrician Roger Guest on May 3, 2016, fo...

Huge payout as court defends ‘community standards' on PPL

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WFD: Roy Morgan Research has been ordered to pay a $52k penalty and could face another $100k in compensation for retrenching an employee while she was on maternity leave and after she had requested a return to work part-time. While still finalising the amount of general damages for economic loss, the Federal Circuit Court also assessed the market r...

Summary dismissal for lying okay despite employer intimidation

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WFD: The Fair Work Commission (FWC) has found an employer did not unfairly dismiss an employee who changed her medical certificate to return to work early, despite finding it had acted in an intimidatory fashion and denied her a support person during her termination interview. Commissioner Jennifer Hunt found Alpha Flight Services Pty Ltd had a val...

Uber opposes regulating IR in ridesharing sector

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Ride sharing giant Uber has opposed any move to regulate drivers' workplace arrangements, telling a NSW parliamentary inquiry that “existing workplace settings for the ridesharing industry are adequate”. In its submission to the Workplace Arrangements in the Point to Point Transport Industry” inquiry , Uber argued regulators shoul...

Qld public school teachers to vote on strike over pay parity

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WFD: Qld public school teachers and principals are preparing for industrial action if outstanding enterprise agreement (EA) matters can't be resolved after citing the recent salary win by Qld Catholic school teachers as the new benchmark. The Qld Teachers' Union (QTU) is asking for 4.5% per annum over three years despite the state government's publ...

Maurice Blackburn lawyers preparing for industrial action

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WFD: Hundreds of lawyers and support staff at Maurice Blackburn (MB) are gearing up to strike after accusing the union-friendly law firm of walking away from negotiations for better pay. On Thursday (July 14), the Fair Work Commission authorised a protected action ballot order for MB staff after noting the parties had met on 17 occasions since Octo...

Lock-out over as workers win labour hire conversion

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WFD: The lock-out of Vic Longwarry dairy workers is over after the Parmalat subsidiary agreed last week to a near 10% pay rise and offering permanent employment to labour-hire casualsafter 12 months in return for flexibility on rosters. Parmalat-owned Longwarry Food Park locked out its National Union of Workers (NUW) member employees when they arri...

CFMEU hit with $132k RoE penalty for ‘demoralising lack of respect'

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WFD: The Federal Circuit Court has penalised the Construction Forestry Mining Energy Union (CFMEU) South Australian branch and its senior officials, including its secretary, a total $132k for illegal entry and refusal to leave three SA construction sites in 2014. Judge Berna Collier fined the CFMEU $110k, and officials David Bolton $8k, Michael Hud...

CFMEU whistleblower case hangs in the balance

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WFD: The Federal Circuit Court has reserved judgment on the NSW construction union's argument that it was not the true employer of whistleblowers Andrew Quirk and Brian ‘Jock' Miller in an effort to stymie their adverse action claims. The Construction Forestry Mining Energy Union (CFMEU) NSW branch has argued Quirk and Miller - who claim they...

Diary

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'IR Lessons from 4 Decades of ACTU Congresses: Change, Continuity and Power in Australia's Peak Union Council' Seminar: August 25, 530pm, Monash Law Chambers, Melbourne. RSVP here . Australian Labour Law Association national conference: Nov 4-5, St Kilda, Melbourne. More info here .

TWU NSW agrees to restrict investigation into secretary

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An investigation Transport Workers Union (TWU) NSW commissioned into allegations against its secretary Michael Aird has been temporarily suspended as Aird heads into a legal stoush with his union. Workforce understands Aird stood aside from his position in late April pending the investigation by former sex discrimination commissioner Susan Halliday...

Coles prevents protected action in wake of death of SDA deal

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Coles has blocked a bid by its meat workers to take strike action for a new enterprise agreement (EA) but is now facing attempts to terminate its 2011 EA, as the fallout from the quashing of the retailer's deal with the Shop Distributive Allied Employees Union (SDA) continues ( WF 10/06/16 ) . The developments were revealed in a Fair Work Commissio...

Maximum payout for unfair sacking not cut over loss of child clearance

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The Fair Work Commission (FWC) has refused to reduce an unfairly dismissed employee's compensation payout because his working with children clearance was cancelled, holding his employer would not have been entitled to immediately dismiss him for that reason. Deputy President Ingrid Asbury last year found care and support organisation Life Without B...

Bench upholds axing of mine's EA despite community ‘dismay'

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A Fair Work Commission (FWC) full bench has dismissed an appeal against a decision toterminate a WA coal mine's enterprise agreement (EA), despite claims it will result in pay cuts of 43%, after finding there was enough evidence to conclude that continuation of the union EA could have “dire consequences”. The bench dismissed the Austral...
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