Fair Work Building and Construction (FWBC) is considering making its first recommendation to employment minister Senator Michaelia Cash that she impose sanctions against a building company for breaching the federal building code - and there could be more to come. Director Nigel Hadgkiss in a statement to Workforce Daily said the watchdog was “...
FWBC flags first use of building code sanctions against employers
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Ferguson cleared of allegations over CFMEU trust
The Fair Work Commission has found no evidence the NSW construction union and its former leader Andrew Ferguson breached IR laws in relation to a trust where millions of branch money was transferred. The Trade Union Royal Commission (TURC) last year referred the matter to the FWC general manager Bernadette O'Neill for possible breaches of statutory...
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Minister attends EA bargaining following union email campaign
In what is said to be a “significant” first, the Vic mental health services minister has met with unions his government is bargaining with for the public mental health services enterprise agreement (EA). The Health and Community Services Union (HACSU) and the Australian Nursing and Midwifery Federation (ANMF) Vic branch last week met mi...
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Editorial Team
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
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Boss breached EA when it warned delegates for wearing union logos
The Fair Work Commission (FWC) has found two Australian Workers' Union (AWU) delegates who refused to comply with a company clothes policy during a battle over union logo rights should not have been given warnings because they were protected by the enterprise agreement (EA) status quo provision. In June this year, the FWC found AWU members at sever...
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Union claims threats of violence made in response to CUB picket
Exclusive WFD: 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 an...
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Start-up sacking over data deletion okayed under small biz code
WFD: 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, de...
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Anonymous bullying claims allowed due to fears of union picket line
WFD: 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 as part of Programmed Skilled Workforce's novel anti-bullying case, Deputy President ...
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Safety breach overrides procedural unfairness, no investigation
WFD: 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 operator P...
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Regular casual service counts for redundancy pay: bench
WFD: 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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Fed Govt seeks to retrospectively void CFA EA terms
WFD: 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 to Volun...
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FWBC flags first use of building code sanctions against employers
WFD: Fair Work Building and Construction (FWBC) is considering making its first recommendation to employment minister Senator Michaelia Cash that she impose sanctions against a building company for breaching the federal building code - and there could be more to come. Director Nigel Hadgkiss in a statement to Workforce Daily said the watchdog was &...
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Private sector wage growth falls below 2%
WFD: 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 this week showed private sector wage increases rose by just 1.9% for the 2015-16 financial year and public sector wage increases...
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UV rejects 3.25%, demands weekend nightshift deal as jewel in Crown EA
WFD: 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
WFD: 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 wor...
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Ding, ding, it's round two: CPSU takes Cash to FWC
WFD: 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 her ref...
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Ferguson cleared off trust allegations
WFD: The Fair Work Commission has found no evidence the NSW construction union and its former leader Andrew Ferguson breached IR laws in relation to a trust where millions of branch money was transferred. The Trade Union Royal Commission last year referred the matter to the FWC general manager Bernadette O'Neill for possible breaches of statutory d...
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Construction union official convicted of verbal abuse
WFD: 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 on Wednesday (Aug 17) found Pearson guilty of three of the six charges against him under the Commonwealth criminal code made after refe...
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Looming strikes at labour law firm can't be 'ignored': union
WFD: 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 and two...
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Minister attends EA bargaining following union email campaign
WFD: In what union says is a “significant” first, the Vic mental health services minister has met with unions his government is bargaining with for the public mental health services enterprise agreement (EA). The Health and Community Services Union (HACSU) and the Australian Nursing and Midwifery Federation (ANMF) Vic branch last week m...
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