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Employer uses anti-bullying jurisdiction for industrial dispute

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The labour hire company at the centre of the Carlton & United Breweries (CUB) dispute in Victoria has made both a general protections and an anti-bullying application against two unions to the Fair Work Commission. Programmed Skilled Workforce Limited's s372 and s789FC applications were both listed before Deputy President Val Gostencnik at 10am...

Resources contractor takes the axe to pay rise and penalty rates

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Veolia Environmental Services has succeeded in scrapping weekend penalty rates, overtime arrangements, allowances and a 4% wage increase by varying an agreement mid-term so as to win a tender with oil and gas giant Santos. The Fair Work Commission approved the variations to Veolia's 2014-17 enterprise agreement (EA) covering its work for Santos in ...

NUW continuing ‘unlawful' pickets despite order: Coles

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WFD: Coles Supermarkets has accused the National Union of Workers (NUW) of engaging in “unlawful conduct” causing “millions of dollars” of damage by allegedly continuing picket lines at its Vic distribution centres despite a Supreme Court injunction. The Coles Truganina distribution centre, operated by Polar Fresh, closed do...

Browsing ‘top swimsuit styles' valid reason for dismissal

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WFD: A financial controller who was warned for accessing pornographic websites at work and then summarily dismissed for allegedly visiting a swimsuit site has been awarded $25k in unfair dismissal compensation. Fair Work Commissioner Bruce Williams held Auto Classic (WA) Pty Ltd t/a Westcoast BMW's sacking of Gerard Roelofs for visiting the ‘...

Arrium administrator rejects union pay cut offer ahead of discussions

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WFD: The administrator at the Arrium OneWhyalla steelworks has made its final 12% pay cut offer to the affected workers at the site after it rejected the union's pay reduction deal. Workforce Daily understands that last Wednesday (July 20) administrator KordaMetha Restructuring Group rejected the Australian Workers Union (AWU) pay cut offer of 7.5%...

Having a ‘dig' at the boss post-dismissal can't justify sacking

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WFD: The Fair Work Commission (FWC) has found an employee's critical observations about his employer via an online pseudonym after being terminated could not be taken into account to justify his sacking. Senior Deputy President Matthew O'Callaghan found Marmota Energy Limited's retrenching of senior project geologist Daniel Gray was “sound...

Full Court test case as NERR errors threaten non-union EAs

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WFD: Unions are seeking to use technical errors in bargaining notices, including incorrect websites and words, to overturn major non-union agreements in the transport and retail industries. The challenges are set to come to a head in a Federal Full Court test case that could determine whether replacing the word ‘employer' with ‘leader' ...

ACCC raids CFMEU ACT as looks to expand ‘anti-competitive' remit

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WFD: The Aust Competition and Consumer Commission (ACCC) has raided the Construction Forestry Mining Energy Union's (CFMEU) Canberra headquarters in what appears to be an investigation into alleged price-fixing activity by the union. The CFMEU confirmed the ACCC executed a search warrant on Tuesday morning (July 26) seeking documents in relation to...

Turnbull knocks back joint submission offer on penalty rates

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WFD: Prime Minister Malcolm Turnbull has refused Labor's request to do a “joint submission” to the Fair Work Commission review on penalty rates and has told opposition leader Bill Shorten he has “no plans” to change the way penalty rates are set. On July 15, Shorten sent Turnbull a letter proposing they co-author a submissio...

AFP raid of CFMEU Qld finds emails ‘deleted'

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WFD: The Federal Court has upheld the lawfulness of the Australian Federal Police (AFP) raid of the Construction Forestry Mining Energy Union (CFMEU) Qld offices last year, clearing a path for the police taskforce to examine the union's databases for evidence of deleted files. Justice John Reeves last Friday (July 22) did find the AFP acted unreaso...

AGL Loy Yang EA blue keeps wages and conditions up in the air

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WFD: Loy Yang power station workers could see their wages cut after AGL lodged an application to terminate their enterprise agreement (EA) in the middle of bargaining. AGL Loy Yang general manager Steve Rieniets said the company had “no choice” but to apply to terminate the EA as unions have “refused” to negotiate more ̶...

ACT legislates crackdown on public servants' free speech

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WFD: The Australian Capital Territory (ACT) Government has introduced legislation to crack down on how its employees conduct themselves on social media outside work hours. The Public Sector Management Amendment Bill 2016, introduced on June 8, is set to be debated in the ACT Assembly when it next sits in early August. The Bill outlaws social media ...

CFMEU ‘threats' after 90 workers quit union after Gorgon Gas deal

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WFD: The Fair Work Building and Construction Commission (FWBC) is taking a construction union official to court for allegedly abusing and threatening workers at Chevron's Gorgon Gas LNG project who were said to have quit the union the day after it won a landmark agreement on “family friendly” rosters. Construction Forestry Mining Energy...

Firies union endorses EA - but ‘strongly' opposes equal op review

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WFD: Vic United Firefighters Union (UFU) members have “unanimously” supported in principle both the Country Fire Authority (CFA) and Metropolitan Fire Brigade (MFB) proposed enterprise agreements (EA). However, the vote appears premature as the CFA told Workforce Daily it still hasn't endorsed its EA, with negotiations still continuing....

Diary

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‘Labour is not a Commodity: Opportunities and Challenges for the ILO at the end of its first Century': August 16, Room 920, level 9, Melbourne Law School, 185 Pelham Street, Carlton, Melbourne. More info here. 'IR Lessons from 4 Decades of ACTU Congresses: Change, Continuity and Power in Australia's Peak Union Council' Seminar: August 25, 530...

Editorial Team

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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 : 314021720195.

New employer IR tactic succeeds as FWC dismisses union opposition

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A major offshore vessel operator servicing Inpex's billion-dollar Ichthys LNG project is just one step away from achieving a non-union agreement after the Fair Work Commission rejected the maritime union's right to intervene despite more than three and half years of fierce opposition (WF 15/07/16) . MMA Offshore's - formerly Mermaid Marine - agreem...

Coal industry gears up for redundancy payout battle

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The Fair Work Commission (FWC) is set to hear a coal mining employer application to cap redundancy payouts to the sector's workers, which the mining union is describing as an “outrageous attack” on the industry-specific entitlements that could transfer tens of millions of dollars a year to mining companies. Redundancy accrual under the ...

‘Dangerous' truckie told to ‘f-ck off' was unfairly dismissed

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The Fair Work Commission (FWC) has found a “frightening,” “incompetent” and “dangerous” truck driver was unfairly summarily dismissed after his small business employer told him to “f-ck off, you're out of here” for poor vehicle maintenance. Commissioner Jennifer Hunt found despite Yeo & Co Pty Ltd...

The thought of Canberra too depressing for defence manager

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The Administrative Appeals Tribunal has ordered the Department of Defence to pay workers' compensation to a Brisbane-based manager who suffered a depressive illness after being told his position was being relocated to Canberra. Michael Vossclaimed he was reassured during an internal reshuffle his position would not be relocated. He said the shock o...
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