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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

FWC takes action over ex-TWU WA bosses' $600k termination payout

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The Fair Work Commission (FWC) general manager (GM) has started Federal Court proceedings against two former Transport Workers' Union (TWU) WA branch (TWU) leaders for breaching their duties of good faith when they allegedly ‘engineered' their own redundancy payouts and paid for personal vehicles with members' money. The Trade Union Royal Com...

Performance plan that led to ‘stress, injury to feelings' not adverse action

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The Federal Circuit Court has found an employer did not carry out adverse action against an employee by putting her on a performance improvement plan (PIP) in response to complaints against her by a “major third party customer”. Judge Alister McNab found medical services supplier Synthes Australia Pty Ltd putting sales associate Taryn G...

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

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WFD: 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 Pty Ltd dismissal of Muay Thai kickboxing coach Somchai Chimlum was con...

‘Remarkable' HR failure keeps banned worker in a job

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WFD: 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 Firef...

HSU Qld branch abolished

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WFD: 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 this week after it was voted up by the union's national council on grounds the branch was not viable and its continued existence presented a r...

TWU NSW boss quits mid-investigation

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WFD: Michael Aird has resigned as secretary of Transport Workers Union (TWU) NSW 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 Industrial ...

No room to negotiate new amendments to ABCC in joint sitting

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WFD: 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 the Senate 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 the new crossben...

IR problems magnified in low growth period: resources industry

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WFD: 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 Thur...

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

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WFD: 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” mis...

Rock roadie's bullying claim exposes HR black hole

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WFD: 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 roadi...

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

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WFD: 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 on August 8. On August 7, Fa...

Federal Govt urged to investigate FWC role in Vic firefighter dispute

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WFD: 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 Justi...

Top dock employers fight over GM in court

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WFD: 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...

Performance plan that led to ‘stress, injury to feelings' not adverse action

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WFD: The Federal Circuit Court has found an employer did not carry out adverse action against an employee by putting her on a performance improvement plan (PIP) in response to complaints against her by a “major third party customer”. Judge Alister McNab found medical services supplier Synthes Australia Pty Ltd putting sales associate Ta...

FWC takes action over ex-TWU WA bosses' $600k termination payout

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WFD: The Fair Work Commission (FWC) general manager (GM) has started Federal Court proceedings against two former Transport Workers' Union (TWU) WA branch (TWU) leaders for breaching their duties of good faith when they allegedly ‘engineered' their own redundancy payouts and paid for personal vehicles with members' money. The Trade Union Roya...

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...

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: 314021720215.

MUA takes DP World to FWC over union ‘spying'

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The Maritime Union of Australia (MUA) has launched legal action against stevedore DP World to stop it from using security cameras installed after workplace bullying incidents by union members because of concerns the cameras will “spy” on union meetings. The MUA is seeking Fair Work Commission (FWC) orders for DP World to consult about t...

Volunteers gearing up Supreme Court action to stop CFA EA today

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The Volunteer Fire Brigades Vic (VFBV) is preparing Supreme Court action to stop the new Country Fire Authority (CFA) board from approving the controversial CFA-United Firefighters Union (UFU) enterprise agreement (EA), after facing the prospect the board may back the EA this afternoon (August 12). A VFBV spokesperson told Workforce the volunteers'...
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