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School pays almost half million over fixed-term contract cover up

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A Melbourne independent school must pay $290k in legal costs in addition to its $150k penalties after it was found unlawfully employing too many teachers on fixed term contracts, then seeking to cover it up by forging contracts. The Federal Court ordered the Australian InternationalAcademy of Education (AIAE) to pay the Independent Education Union ...

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: 314021720205.

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, 530pm, Mo...

IR system costs magnified in low growth period: resources industry

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The end of the mining boom has meant business can no longer “paper over” flaws and restrictions in the Fair Work (FW) Act as it is forced to adapt to changing market conditions, a resources industry conference has heard. A panel on workplace relations reform at the Australian Mines and Metals Association conference in Perth on Thursday ...

Dismissal for attending competitor's Xmas party not unfair: FWC

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The Fair Work Commission (FWC) has found a martial arts gym had a valid reason to fire a trainer for attending a competitor's Christmas party because its code of conduct emphasised “loyalty and respect”. Deputy President John Kovacic found Phoenix Combat Sports' dismissal of Muay Thai kickboxing coach Somchai Chimlum was consistent with...

Federal Govt urged to investigate FWC role in Vic firefighter dispute

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A former Country Fire Authority (CFA) board member has called on employment minister Senator Michaelia Cash to set up an inquiry into Fair Work Commission President Justice Iain Ross' involvement in the turbulent industrial dispute. The July 28 complaint, by Gippsland councillor and former One Nation candidate Michael Freshwater, accuses Justice Ro...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Uber and out: dismissal for driving rideshare as second job not unfair

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A printing foreman at The West Australian newspaper was not unfairly sacked for working as an Uber driver on the side and refusing to provide his Uber driving records to his employer. Fair Work Commissioner Bruce Williams held Mervyn Jacob was “very much the architect of his own demise” because he had “deliberately” misled W...

‘Remarkable' HR failure keeps banned worker in a job

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The Fair Work Commission (FWC) has ruled a Vic probationary firefighter's failure to reveal sexual assault complaints against him in a previous job was not a permissible reason for his dismissal. Commissioner Nick Wilson instead found it was ““likely misconduct” that deserved a first and final warning. He upheld the Vic United Fir...

No room to negotiate new amendments to ABCC in joint sitting

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A joint sitting to pass the Australian Building and Construction Commission (ABCC) Bills will not be able to deal with amendments not already passed by either the lower or upper house and could be obstructed by High Court challenges, a constitutional law professor says. The limitations mean the Coalition could be hamstrung in its negotiations with ...

Libs demand govt audit of CFA EA after leak suggests cost blow out

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The Vic Liberal Party opposition has applied to the Vic Auditor General's Office (VAGO) to investigate the costs of the Country Fire Authority (CFA) enterprise agreement (EA) amidst claims of a cost blow-out. The prospect of the audit has arisen as the newly appointed CFA board failed to endorse the EA in a meeting yesterday (August 8). On August 7...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

AWU alleges misuse of building code to cover suppliers

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Construction companies are allegedly requiring equipment suppliers to comply with the Federal Government's building code, in what unions say is an unlawful expansion of the code's coverage and a bid to cut supply prices. Caterpillar dealer WesTrac last month sought changes to its enterprise agreements (EAs) with the Australian Workers Union (AWU) a...

HSU Qld branch abolished

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The Health Services Union (HSU) has scrapped its Qld branch, abolishing all offices in the state and reallocating members to its NSW branch. Fair Work Commission delegate Chris Enright approved the move yesterday after it was voted up by the union's national council on grounds the branch was not viable and its continued existence presented a risk t...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Sacking over drug test okay in ‘sensitive' Aboriginal communities

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A community organisation's zero tolerance approach to employee drug use was warranted by its work with remote Aboriginal settlements and so summarily dismissing a worker for smoking pot over the weekend was not unfair. Fair Work Commission Senior Deputy President Peter Richards acknowledged elements of harshness in Corwynn Owens' dismissal, but sai...

Rock roadie's bullying claim exposes HR black hole

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A rock concert roadie has “shone a light” on the shabby goings on at his employer, telling the Fair Work Commission (FWC) managers didn't care when he was assaulted, asked for “booty” when he asked for shifts, and called workers “slaves”. Deputy President Karen Bartel did not grant casual roadie Justin Simounds' ...

Top dock employers fight over GM in court

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Stevedore DP World has won a restraint of trade case against its former general manager, preventing him from starting a job with “significant” competitor Asciano for three months on top of his three months ‘gardening leave'. The NSW Supreme Court held six months restraint was reasonable as allowing Port Botany GM Bruce Guy to star...

Full Court backs $40k awarded for hurt caused by MUA ‘scab' poster

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A Federal Full Court majority has upheld a record amount for hurt and humiliation in response to a union's distribution of a scab poster that ‘named and shamed' vessel workers at Fremantle Port for not taking part in a strike. However, the case could be vulnerable to appeal to the High Court, with a dissenting judge saying he would have cut t...

TWU NSW boss quits mid-investigation

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Michael Aird has resigned as secretary of the Transport Workers Union (TWU) NSW branch in the face of what he alleged was a “politically motivated” investigation into allegations against him. Workforce Daily understands Aird and the union reached a deal for him to leave ahead of what was set to be three days of hearings at the NSW Indus...
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