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Union outcry over reinstatement denial; seeks changes to Act

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WFD: A union is "baffled" over a Fair Work Australia decision that found a worker was dismissed without a valid reason but which refused him reinstatement for a similar reason, despite his team leader having “full confidence” in him. A full bench last week refused the Australian Services Union (ASU) permission to appeal Commissioner Joh...

IT officer fired for attempted hacking and responding ‘LOL' to rape joke

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WFD: Fair Work Australia has ruled an IT officer was validly dismissed for responding “LOL” to another employee's “lewd and offensive” online comments and for unsuccessfully attempting to hack into his supervisor's email account. Commissioner Michael Gay found the “infantile and violent” online conversation, whic...

Full Court clarifies new costs test

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The Full Federal Court has clarified the Fair Work Act's new costs shield in the wake of the recent CSBP ruling (WF18223) by finding the jurisdictional test for costs is ultimately still tied to whether a matter arises under the Act. The Full Court rejected Sommerville Retail Services Pty Ltd's application for costs after confirming the Act was sti...

Jackson discontinues appeal

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HSU national secretary Kathy Jackson will not pursue her Federal Court appeal against the administration of HSU East so as to focus on the upcoming union elections. Jackson released a statement last night (July 26) saying she now believed the most expedient way to get the union back on track was to have early elections. "After the release of the fi...

Chevron seeks damages over Gorgon stoppages

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WFD: Chevron will seek damages over alleged unprotected industrial action by the Maritime Union of Australia (MUA) at the Australian Marine Complex (AMC) south of Perth. Chevron's Federal Court application also seeks a permanent injunction preventing further unprotected action at the site. The matter came up for a directions hearing before Justice ...

AWU cries foul over Qantas maintenance job losses

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WFD: The Australian Workers Union (AWU) has accused Qantas of lying about a "promise" to unions not to offshore maintenance jobs following yesterday's (July 26) announcement by Qantas co-owned LTQ Engineering that 164 Victorian workers will be retrenched before the end of year. LTQ, an aircraft engine overhaul company based in Tullamarine co-owned ...

Shorten appoints FWBC advisory board

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Workplace relations minister Bill Shorten has appointed a new advisory board to advise Fair Work Building and Construction (FWBC). FWBC's predecessor - the Australian Building and Construction Commission - was embroiled in controversy over the use of its coercive powers in the Ark Tribe case. Shorten said the board would provide expert advice to FW...

Noonan warns COAG construction review to avoid union bashing

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The Council of Australian Governments (COAG) this week (July 25) agreed to establish an independent review panel to conduct a “broad ranging investigation” into cost, competitiveness and productivity in the residential construction sector. COAG said it would appoint three panel members with “relevant expertise” to conduct th...

Diary

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The Ron McCallum Debate 2012: August 2, 4pm-6pm, Swisshotel, 8/68 Market St, Sydney. RSVP to admin@aierights.com.au by July 30. Western Australia IR Society Conference: August 3-4, 2012, Quay West Bunker Bay Resort. See website . Queensland IR Society Conference: August 9-10, 2012, Jupiter Hotel & Casino, Gold Coast, Qld. Conference brochure he...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021718315. Twitter: @WorkforceTR .

FWA code of conduct to curb 'sacred cow' outbreaks

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WFD: FWA President Justice Iain Ross has introduced a code of conduct (above) for FWA members. Workforce Daily understands the code is part of broader strategy to repair the tribunal's reputation, which took a substantial hit in the fallout over the delay in concluding the Craig Thomson investigation. The code's implementation is also seen as a res...

Kelty to mediate ETU family feud

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WFD: Former ACTU secretary Bill Kelty has been appointed mediator to the growing dispute between warring Electrical Trades Union (ETU) branches. An ETU NSW spokesperson confirmed Kelty had been appointed to chair court-ordered mediation between NSW, Victoria and national branches ( WF18135 ) , who are at loggerheads over NSW voting rights being rem...

Leighton fends off adverse action in bogus Qld w/comp claim case

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WFD: Leighton Contractors Pty Ltd has seen off a sacked worker's adverse action claim after the company hired a private investigator to follow him because it suspected he had filed a fraudulent workers' compensation claim. The Construction Forestry Mining Energy Union (CFMEU), representing former Moorvale coal mine pit operator Michael Hayward, bro...

Shorten rubbishes productivity report that ranks Oz behind Uganda

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WFD: Federal workplace relations minister Bill Shorten has given short shrift to an Australian Human Resources Institute (AHRI) co-sponsored report released on Thursday (August 2), which has ranked Australia the second worst of 51 countries for productivity growth. The Global Index of Workplace Performance and Flexibility report, which the Economis...

Job cuts blamed as manufacturing slumps to three-year low

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WFD: Australian manufacturing has slumped to its lowest level in three years, the latest Australian Industry Group-PWC monthly manufacturing index has revealed. The index fell 6.9 points to 4.3 in July - the fifth drop in six months and the weakest since June 2009. The survey found wages and input costs increased in the sector, while selling prices...

Rare costs order for unfair dismissal

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WFD: In a rare decision, Fair Work Australia has awarded costs against an employer who continued to oppose an unfair dismissal application without evidence or a cogent argument. During proceedings on Stan Kunce's unfair dismissal application, Deliver Australia Pty Ltd decided not to call any of its witnesses and did not cross-examine Kunce. By the ...

Extraordinary full bench to clarify opt-out clauses

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WFD: Fair Work Australia has convened a five-member full bench to hear the Construction Forestry Mining and Energy Union's appeal against approval of an opt-out clause in the Queensland Bulk Handling (QBH) enterprise agreement. Workforce Daily understands the five-member bench - comprising President Justice Iain Ross, Senior Deputy President Justic...

High Court 'likely to consider costs jurisdiction' in Barclay appeal

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WFD: The High Court will likely examine the Fair Work Act's new costs jurisdiction as part of the Bendigo TAFE v Barclay adverse action appeal after parties indicated they would seek costs depending on the appeal outcome. Two weeks ago the law firm representing Bendigo TAFE, Lander & Rogers, sent notice to Holding Redlich, acting for Barclay, s...

Qld unions eye legal challenge to broad public sector directive

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WFD: Queensland unions are considering taking action in the state Supreme Court to overturn a state government directive that removes job security provisions in public sector industrial agreements. The matter has been said to be "broadly similar" to the South Australian action now before the SA Supreme Court, where the public sector union is challe...

ACTU OK on Fiji thaw

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WFD: The ACTU has given its support to the thawing of relations between Australia and Fiji. However, it won't back any further lifting of sanctions unless there is clear evidence of progress towards democratic government, including the lifting of anti-union laws. ACTU president Ged Kearney - who has been a staunch advocate for Fiji unions and some ...
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