WFD: The Fair Work Commission (FWC) has tossed out a worker's application to stop bullying after hearing he had since been sacked. TNT Australia clerk Javier Belmar claimed he was exposed to intimidatory language and unwarranted criticism by two supervisors shortly after joining the company on April 4, 2016. He has been absent from work on sick lea...
FWC tosses out application to stop bullying after complainant sacked
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Karaoke bars fined for exploiting workers
WFD: A Fair Work Ombudsman investigation has revealed exploitation of workers in five karaoke bars in Melbourne and Perth. Almost $11,000 has since been recovered for 19 workers short-changed their minimum wages between September 28 and November 11, 2015, the FWO said. Three employers received on-the-spot fines and all five received a compliance no...
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Amalgamating roles meant worker had to apply for job
WFD: The Fair Work Commission (FWC) has rejected an employee's claim she was unfairly dismissed when made redundant after failing to apply for a new similar job because it found that role contained new duties and a different reporting line. Senior Deputy President Peter Richards dismissed administrator Selina Mossman's claim Veolia Environmental Se...
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Union won't remove bargaining posts or posters despite legal threat
WFD: The National Tertiary Education Union Western Australia branch (NTEU) has refused to bow to Murdoch University's threat to immediately take down enterprise agreement (EA) bargaining material or face legal action. On September 1, 2016, law firm Seyfarth Shaw Australia, acting on behalf of Murdoch University, sent a letter to NTEU claiming the u...
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Salon owner fined $112k for $40k underpayment
WFD: A hairdressing salon owner who accused his staff of theft during an appearance on Today Tonight has been fined $112,000 for underpaying two Taiwanese hairdressers nearly $40,000. Federal Circuit Court Judge Stewart Brown branded their exploitation a “self-serving piece of subterfuge”, in which the workers were paid a fraction of th...
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Pursuit of industrial harmony no excuse for discrimination
WFD: A desire for industrial harmony was “no excuse” for Queensland-based company J Hutchinson Pty Ltd cancelling a $307k job with a subcontractor who did not have an enterprise agreement (EA) with the Construction Forestry Mining and Energy Union (FMEU), the Federal Circuit Court has ruled. Publishing reasons for his August 9 decision ...
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Bank staff complain of unrealistic sales targets
WFD: “Unrealistic” targets that put sales ahead of service will head a long list of Finance Sector Union (FSU) complaints to the Australian Banker's Association independent review into product-based payments in the industry, the union has confirmed. Understaffing, bullying and a widespread inability to take sick and annual leave are amo...
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ANMF cites being a ‘craft' union for big membership increase
WFD: Going against the long term national trend of declining union membership, “craft union” Australian Nursing and Midwifery Federation (ANMF) is continuing to swim against the tide announcing a 4.2% growth in its membership over the past twelve months. The ANMF say at June 30, 2016 the increase in their members to 258,989 “cemen...
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Editorial Team
Editor : Annie Lawson, annie.lawson@tr.com, (03) 9286 1411. Chief Journalist : Gerard May. Journalists : Bernadette McBride, Steve Andrew. Managing Editor : Peter Schwab. Twitter : @WorkforceTR.
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30-year veteran FW commissioner subpoenaed to CFA trial
The Volunteers Fire Brigade Victoria (VFBV) has subpoenaed new Country Fire Authority (CFA) chair and 30-year Fair Work Commission (FWC) veteran Greg Smith to attend the CFA Supreme Court trial over the agreement the VFBV believes will negatively affect volunteers. The trial was set for September 22, but has now been adjourned for a 10 day proceedi...
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BHPB proposed agreement ‘gutted' current EA: CFMEU
The Construction Forestry Mining Energy Union (CFMEU) has accused BHP Billiton of using intimidation tactics against its coal workers by leaking details of a new “hardline” proposed agreement the union fears will undermine job security. It believes it is part of plans to terminate the deal, like at Griffin Coal ( WF 2/9/2016 ). Details ...
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ALP, Greens and Lambie pushing to ‘plug holes' in FW Act
Labor and The Greens are pushing for a broad-ranging senate inquiry into unintended consequences of Fair Work Act employment practices, partly driven by the Carlton United Brewery (CUB) dispute ( WF 15/07/2016 ) but also targeting their old bêtenoire - Australian Workplace Agreements (AWAs). ALP Senator Gavin Marshall chairs the Senate Education an...
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Uniline throws into doubt validity of public sector agreements
The fate of hundreds of public sector agreements currently under negotiation could be in doubt for agencies that failed to properly notify employees of their representation rights within the 14-day time period required under workplace laws. The public sector union said it was “closely monitoring the fallout from the Uniline case”, which...
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Worker's intricate contractual relationship blocks claim
A Federal Full Court case has revealed the complexities around contractor and employment relationships in a case where a former public sector contractor has lost another round of court action over alleged general protections and duty-of-care breaches. In a damning finding in the latest hearing, the Full Court - Justices Jayne Jagot, Marty Bromberg ...
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ETU boss takes CUB dispute to US brewer and teamsters union
The Electrical Trade Union Victoria branch (ETU) secretary Troy Gray is jumping on a plane to the United States (US) to meet directors of the new American company which owns Carlton and United Breweries Australia (CUB) to find out if they “condone” the sacking of 55 maintenance workers for cheaper labour. Gray said AB InBev is the world...
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Reports agencies ‘mismanaging' bargaining wrong: APSC
The Australian Public Service Commission (APSC) has criticised a media report that it said wrongly claimed APS agencies had “mismanaged” the enterprise bargaining process. APS Commissioner John Lloyd issued a statement that described as “false and unnecessarily alarmist” a Fairfax media claim that only three agencies were un...
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Unfair app dismissed after ‘serious', ‘dangerous' ‘game' of bullying
The Fair Work Commission (FWC) has dismissed a worker's unfair dismissal application because he “substantially breached” his employer's policies when he “unreasonably harassed” a co-worker when he played a “dangerous” game of “cat and mouse” on his way from work. Commissioner Tony Saunders found durin...
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Editorial Team
Editor: Annie Lawson (03) 9286 1411. Journalist: Steve Andrew . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Full Court slams door shut on incorporating into EA post vote
In a major decision examining the extent to which new material could be incorporated into enterprise agreements (EA) that had been voted up, a Federal Full Court has rejected a claim new incentive pay rates constituted a “minor adjustment”. Examining the Teys Bros (Beenleigh) Pty Ltd EA 2010, the Full Court - Justices Christopher Jessup...
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Union accuses Esso of invoking ‘dirty' CUB tactics
Esso's decision to replace its 110 catering contractors in Bass Strait with a cheaper workforce was reminiscent of the protracted Carlton & United Breweries Australia (CUB) dispute, the Australian Workers' Union (AWU) claims. AWU Victorian secretary Ben Davis told Workforce Daily from September 19 ESS would take over from Sodexo under a non-uni...
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