The Fair Work Commission (FWC) has rejected an employer's jurisdictional objections to a worker's unfair dismissal claim after finding that although the employer “no doubt” intended to employ the worker under a fixed-term contract its “clumsy” contract wording meant it had not. Commissioner Jennifer Hunt found national child...
Worker wins right to fight dismissal following ‘clumsy' contract wording
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QBE employee accused of conflict of interest must pay costs
WFD: An insurance worker sacked for refusing to participate in a financial crimes investigation has been ordered to pay indemnity costs after continuing to pursue an unfair dismissal claim despite “compelling” evidence against him. In October 2015 QBE customer service officer Khoder Abdulrahim had bought a discount motor vehicle insuran...
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‘Humiliating' adverse action leads to $25k fine
The Federal Circuit Court has ordered a WA crane company to pay $25,500 for sacking a union delegate in public because he complained about not getting paid properly. Approving the mid-range penalty reached by consent, Judge Antoni Lucev described WA Universal Crane Hire Pty Ltd's [WAUCH] action as “serious” in part because it was done i...
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AMWU takes historic first steps to form ‘new union'
The Australian Manufacturing Workers Union (AMWU) has made the historic decision to start merging its occupational divisions into one “new union” to combat dramatic membership losses. Delegates at the national conference last week unanimously endorsed the process that will see divisional structures in areas like vehicles, print and food...
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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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NUW ends strike at Coles centre as members win big
The National Union of Workers (NUW) say their Vic Polar Fresh members have won a new enterprise agreement (EA) that includes a 14% pay rise and a new labour hire conversion clause. The deal was reached late Friday (July 29) after workers went on strike for three days at the Truganina Coles distribution centre - operated by Polar Fresh - while a pic...
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Employers have duty of care to those being investigated: court
In a precedent that may face the High Court, the Qld Court of Appeal has held employers can owe a duty of care to employees during and after they are subject to complaints and investigation. The ruling is part of a potentially multi-million dollar case involving four managers from Qld Disability Services (QDS) who claimed they suffered serious psyc...
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Bench quashes incapacity finding as FWC not ‘medical experts'
A Fair Work Commission (FWC) full bench has overturned a decision that an employee was unfairly dismissed for not performing the inherent requirements of the job because it was based on the cmn's assessement of the employee's recovery well after he was fired. The bench - Vice President Graeme Watson, Deputy President Anne Gooley, and Commissioner N...
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FWC rejects bullying claim from ‘slave'
A worker who accused his manager of being a “slave master” and being inconsiderate to his Muslim background has lost his application for a bullying order. Fair Work Commissioner Peter Hampton found there were “elements” of unreasonable behaviour towards NT health department cleaner Luis Perez but it was not enough to warrant...
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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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Flight attendant sacked for showing sex videos at work
The Fair Work Commission (FWC) has ruled a workplace investigation was not legally privileged merely because it was used to obtain legal advice, in a case where a cabin crew supervisor was sacked for allegedly showing naked pictures of his ex to his co-workers. Commissioner Danny Cloghan ordered the unnamed airline to give up all emails and intervi...
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Sexually abused worker awarded $1.5m
The Qld Supreme Court has awarded more than $1.5m to a sexually and psychologically abused worker because her employer should have refused to offer the perpetrator client support services because it was a “clearly foreseeable” risk. Justice Roslyn Atkinson found Brisbane Youth Service Inc (BYS) liable for the psychological injury of its...
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New FSU secretary to usher in change
The Finance Sector Union (FSU) has anointed a new leader to replace its former secretary who quit after just two years in the face of alleged bullying by the national executive. On August 1, the FSU announced that the “well respected and highly regarded” Julia Angrisano would be national secretary from November 1 until the term ended in...
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The FWC cannot retrospectively alter contracts: full bench
A Fair Work Commission (FWC) full bench has overturned a decision that found 35 fixed term workers should be converted to ongoing employment after finding the FWC lacked jurisdiction to retrospectively altertheir contracts. The bench - Vice President Joe Catanzariti, Deputy President Reg Hamilton and Commissioner Tanya Cirkovic - found Cmr Michelle...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@tr.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Bench rejects ‘persecuted' ‘whistle blower' appeal
A Fair Work Commission (FWC) full bench has dismissed an unfair dismissal appeal by a nurse with an “acute sense of persecution”because she produced no arguable case of error. The bench - Deputy Presidents Peter Sams and, Val Gostencnik and Commissioner Tony Saunders - found Cmr Chris Platt “carefully weighed up all the evidence...
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CPSU to reignite border force strike
Australian Border Force officers at all international airports and ports are going on a 24 hour strike as the Community and Public Sector Union (CPSU) rebuilds pressure on the Federal Government to change its enterprise agreement (EA) bargaining policy. CPSU says it has put measures in place so security is not endangered, an issue the department ha...
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Cash says Govt committed to IR reforms from 2013 election
Employment minister Senator Michaelia Cash has said the Turnbull government still backs IR reforms the Abbott govt took to the 2013 election, including changes to right of entry (RoE). The minister also committed to consult parties on the Productivity Commission's (PC) review, highlighting its recommendations on permitted content in enterprise agre...
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AMMA calls for smarter business organisation push for IR change
Employer groups are seeking to learn from union and community organising strategies to develop a ‘coalition of interests' to push for IR change. Aust Mines & Metals Assoc (AMMA) chief executive Steve Knott raised the new coalition at the peak body's national conference this morning as he urged the Federal Government to implement the Produ...
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Arrium survival deal means 10% pay cut plus pay freeze
The Australian Workers Union (AWU) say it has reached an in-principle enterprise agreement (EA) with the Arrium OneWhyalla steelworks administrator under which workers take a 10% pay cut and then a two-year pay freeze. AWU branch organiser Scott Martin told Workforce Daily the union and administrator KordaMentha's Restructuring group agreed to the ...
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