The Federal Court has upheld a decision to dismiss compensation claims by a senior manager who turned down his company's offers of alternative employment after his position was abolished. Justice Geoffrey Flick rejected an appeal by Blackmores Limited's former commercial manager for Asia, David Adcock, against a Federal Circuit Court (FCC) finding ...
Redundant manager wasn't terminated: Federal Court
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Adverse action rehearing after ‘reverse onus' too onerous
A Federal Full Court has set aside a finding that Port Kembla Coal Terminal (PKCT) took adverse action when it made a union delegate redundant during a restructure, but has upheld orders to reinstate him and another employee. Justice Bernard Murphy in October last year found the evidence of three PKCT managers was so generally unreliable that it wa...
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Industry group campaigns against min rates for NSW owner drivers
A road freight group is using the spectre of the Road Safety Remuneration Tribunal (RSRT) to push against minimum rates and conditions for owner drivers in NSW, despite the conditions being in place for more than 30 years. NatRoad has sought an exemption for its members to the entire General Contract Carrier Determination (GCCD) after the NSW Indus...
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Anonymous bullying claims allowed due to fears of union picket line
The Fair Work Commission has kept secret the identities of five workers allegedly bullied by participants in a union picket line at Carlton United Breweries, despite it potentially restricting the ability of the accused to defend themselves. Issuing the order today as part of Programmed Skilled Workforce's novel anti-bullying case, Deputy President...
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Start-up sacking over data deletion okayed under small biz code
A search engine start-up that fired its software engineer for allegedly deleting almost 200 GB of data after he was notified of his redundancy did not breach unfair dismissal laws. Deputy President Jeff Lawrence held Lexxe Pty's summary dismissal of Haojun Ma for serious misconduct was consistent with the small business fair dismissal code, despite...
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Fed Govt seeks to retrospectively void CFA EA terms
Employment minister Senator Michaelia Cash will seek retrospective amendments to the Fair Work Act to make the Country Fire Authority (CFA) and United Firefighters Union enterprise agreement's (EA) broad consultation clauses “ineffective” after the CFA board endorsed the agreement on Friday (August 12). Cash stated in an Aug 13 letter t...
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Safety breach overrides procedural unfairness, no investigation
In what it called an “unusual case”, the Fair Work Commission (FWC) has upheld the sacking of a mining worker for serious misconduct even though the company admitted it didn't have the evidence to support its original reasons for dismissal. Commissioner Bernie Riordan found Helensburgh Coal Pty Ltd's summary dismissal of underground ope...
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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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Union claims threats of violence made in response to CUB picket
Exclusive A union organiser has alleged that he and his girlfriend have received anonymous phone calls threatening violence and rape in response to a long-running picket-line for sacked workers at Carlton United Breweries (CUB). The Electrical Trades Union (ETU) Vic has said it has traced one of the phone calls to the CUB site in Abbotsford and is ...
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Regular casual service counts for redundancy pay: bench
Employers must count their permanent employees' previous regular and systematic casual service when calculating redundancy payouts under the Fair Work Act, a Fair Work Commission (FWC) full bench majority has held. The decision has potentially broad ramifications with the majority finding that the Act's definition of “continuous service”...
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‘Loyal, dedicated' 40-year full-timer ‘rewarded' with part time payout
The Administrative Appeals Tribunal (AAT) has held a 40-year full-time worker was only entitled to part-time redundancy entitlements under the Fair Entitlements Guarantee (FEG) Act because he had shifted to part-time work just months earlier to assist his employer and because of his own poor health. AAT Deputy President Stephanie Forgie found Logic...
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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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UV rejects 3.25%, demands weekend nightshift deal as jewel in Crown EA
United Voice Vic (UV) has said its Crown Casino Melbourne members are prepared to do “whatever it takes” to ensure fair pay and recognition for weekend work after after rejecting the casino's offer of 3.25% pay increases a year. UV assistant secretary Ben Redford told Workforce Daily its Crown Casino members are “determined”...
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Full Court to examine broad RoE precedent
A Federal Full Court is set to consider a precedent that granted unions broad rights to enter any workplace location where workers eat their meals - not just the lunchroom (WF 09/02/16). The appeal concerns a Fair Work Commission (FWC) full bench ruling that held BHP Mitsubishi Alliance's Coal Operations must allow union organisers to meet workers ...
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Looming strikes at labour law firm can't be ‘ignored': union
Maurice Blackburn (MB) lawyers and support staff are meeting this week to consider taking protected action “overwhelmingly” voted to take protected industrial action at its offices around Australia. The Australian Service Union (ASU) members can now take protected action at the union law firm that includes strikes of between 30 minutes ...
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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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Private sector wage growth falls below 2%
Private sector wage increases have sunk to a new record low but real wage growth has risen due to low inflation, according to the latest data. The Australian Bureau of Statistics (ABS) wage price index (WPI) released today showed private sector wage increases rose by just 1.9% for the 2015-16 financial year and public sector wage increases by 2.3%....
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Ding, ding, it's round two: CPSU takes Cash to FWC
The Community and Public Sector Union (CPSU) has sought bargaining orders (BO) against employment minister Senator Michaelia Cash for the second time in six months because of her refusal to meet them or “properly” consider their enterprise agreement (EA). The CPSU said Cash has failed to meet good faith bargaining requirements (GFB) by ...
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CFA enterprise agreement vote stopped at the Supreme Court
The Country Fire Authority has agreed to suspend the vote on its controversial enterprise agreement (EA) with the United Firefighters Union Vic (UFU) until the outcome of the Volunteer Fire Brigades Victoria (VFBV) Supreme Court action is determined. The CFA board on August 12 agreed to put the the EA to a vote of operational staff. The VFBV said i...
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Construction union official convicted of verbal abuse
Former Qld Builders Labourers Federation (BLF) deputy Kane Pearson has been convicted and fined $5,400 for threatening and intimidating Fair Work Building Commission inspectors. The Brisbane Magistrate's Court yesterday found Pearson guilty of three of the six charges against him under the Commonwealth criminal code made after referral by the Trade...
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