The mother-and-son owners of a café business who docked their overseas workers' pay if they failed ‘tea-making' tests have been fined $196,000 and ordered to pay tens of thousands of dollars in back-pay. In a case that prompted Fair Work Ombudsman (FWO) Natalie James to express concern about the increasing occurrence of culturally and linguis...
FWO concern with CALD employers underpaying visa workers
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@tr.com . Chief Journalist: Gerard May. Journalist: Bernadette McBride. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Bench to finalise payment of wages clauses later this year
A five-member full bench of the Fair Work Commission (FWC) will later this year conduct a hearing to finalise ‘payment of wages' provisions in modern awards, as part of the four-yearly modern award review process. In a statement this week, the full bench gave an update on a July 27 conciliation round and set out draft directions to finalise o...
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Bench to finalise payment of wages clauses later this year
WFD: A five-member full bench of the Fair Work Commission (FWC) will later this year conduct a hearing to finalise ‘payment of wages' provisions in modern awards, as part of the four-yearly modern award review process. In a statement this week, the full bench gave an update on a July 27 conciliation round and set out draft directions to final...
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FWO concern with CALD employers underpaying visa workers
WFD: The mother-and-son owners of a café business who docked their overseas workers' pay if they failed ‘tea-making' tests have been fined $196,000 and ordered to pay tens of thousands of dollars in back-pay. In a case that prompted Fair Work Ombudsman (FWO) Natalie James to express concern about the increasing occurrence of culturally and li...
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Employers have duty of care to those being investigated: court
WFD: In a precedent that could 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 serio...
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NUW ends strike at Coles centre as members win big
WFD: 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 ...
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AMWU takes historic first steps to form ‘new union'
WFD: 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...
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FSU new secretary to usher in changes to union
WFD: 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 end...
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FWC cannot retrospectively alter contracts: full bench
WFD: 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 CmrMich...
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‘Humiliating' adverse action leads to $25k fine
WFD: 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 d...
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Bench quashes incapacity finding as FWC not ‘medical experts'
WFD: 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 assessment of the employee's recovery well after he was fired. The bench - Vice President Graeme Watson, Deputy President Anne Gooley, and Commission...
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Sexually abused worker awarded $1.5m
WFD: 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 o...
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Flight attendant sacked for showing sex videos at work
WFD: 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, who was a crew member, to his co-workers. Commissioner Danny Cloghan ordered the unnamed airline to g...
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FWC rejects bullying claim from ‘slave'
WFD: 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 wa...
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Changes to partnership laws sought in response to non-union model
Maritime unions are seeking changes to state partnership laws to stop a new bargaining trend where workers form partnerships and trusts which exclude them from the Fair Work Act. Detailing the model at the Australian Mines and Metals Association (AMMA) national conference in Perth yesterday (August 4), its legal director Amanda Mansini noted busine...
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‘Not in public interest' to pursue journos for strike action
The Fair Work Ombudsman (FWO) has declined to take legal action against Fairfax journalists who took illegal industrial action over three and half days in protest over redundancies (WF 06/05/16). The ombudsman confirmed to Workforce that while its investigation had found that certain Fairfax employees took unprotected action it had determined it wa...
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One Nation ready to consult workers on ABCC laws
One Nation has said its new senators are looking to hold online discussions with workers to discuss and debate the proposed changes to the construction watchdog and registered organisations bills. A spokesperson for One Nation told Workforce the party has yet to finalise its position on the proposed legislation and was consulting with the governmen...
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Twelve months' back-pay as teachers vote up deal
Teachers and support staff at Queensland's 300 Catholic schools have overwhelmingly endorsed a new enterprise agreement (EA) - brokered with the help of the Fair Work Commission's (FWC) - which for the first time will lift classroom teachers' salaries above $100k. The four-year deal, between the Qld and NT branch of the Independent Education Union ...
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Rail workers strike across NSW
Australian Rail Track Corporation (ARTC) employees across NSW began industrial action on Wednesday (August 3) following 18 months of stalled enterprise agreement (EA) negotiations. Most Hunter Valley Coal Trains were cancelled on Wednesday. On press day members walked out for two hours, while two back-to-back 24 hour stoppages will commence from 7a...
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