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Bad employee unfairly dismissed due to ‘undesirable' boss warnings

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The Fair Work Commission (FWC) has found a worker validly dismissed for poor work performance was unfairly fired because the employer's warnings “left much to be desired”. Deputy President Ingrid Asburyfound Peppers Ruffles Lodge and Spa part-time guest service agent Fionna McInnes' dismissal was valid but unfair because she was not pro...

Qube entitled to sack worker who refused work at higher grade

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Qube Ports Pty Ltd did not breach its enterprise agreement when it sacked a worker who refused a direction to perform the work of a higher grade, a Federal Full Court has found. Overturning an earlier finding, the full court - Chief Justice James Allsop and Justices Christopher Jessup and MordecaiBromberg - said the agreement did not provide Torren...

AiG ordered to dish up more evidence for penalty rates review

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The Australian Industry Group (AiG) has been ordered to elaborate on evidence about fast food worker classifications as part of the Fair Work Commission's review of weekend penalty rates. FWC president Justice Iain Ross last week delayed the long-awaited decision about weekend penalty rates, and asked employers campaigning for weekend penalty rate ...

Editorial Team

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Editor: Annie Lawson (03) 9286 1411 . Journalist: Steve Andrew. Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Failure to appear no bar for claim

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A worker shouldn't suffer for her solicitor's failure to complete e-lodgement of an unfair dismissal claim, the Federal Circuit Court (FCC) has found. Reviving an adverse action claim tossed out after the solicitor failed to click a hyperlink in a lodgement confirmation email, Judge Michael Jarrett said the worker was not to blame. The court heard ...

‘Sarcastic' ISIS ‘supporter' unfairly fired for alleged social media breach

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The Fair Work Commission (FWC) has found an employer unfairly dismissed a Perth airport ground handling worker who said “We all support ISIS” on social media because he made a “very stupid” and “sarcastic” comment that was not properly investigated. Aerocare Flight Support Pty Ltd told worker Nirmal Singh on Octo...

Air and sea ports to be hit by rolling stoppages

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Rolling stoppages are expected to hit air and sea ports from Monday week (September 26), as the Community and Public Sector Union (CPSU) ramps up its industrial campaign in support of a new enterprise agreement for immigration border force workers. Announcing an extended week-long campaign this morning (Sept 14), CPSU national secretary Nadine Floo...

Industrial action ‘a flop', says APSC

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Announcement of a ramped-up CPSU industrial campaign for border force workers comes just a day after the release of a provocative Australian Public Service Commission (APSC) statement labelling public service-wide action over public service pay a “flop”. The statement follows the CPSU's call for a day of Commonwealth public sector indus...

CFA Bill ‘constitutionally' precarious: submission

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The Federal Government's controversial draft Bill aimed at shielding Victoria's Country Fire Authority (CFA) and other volunteer firefighters from union interference could face a constitutional roadblock, a workplace relations expert has cautioned in a submission to a Senate inquiry. University of Adelaide Professor Andrew Stewart reiterated his cl...

EA rounds: ETU ticks 4% contract push, bank workers vote up new EA

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The Electrical Trades Union Victoria (ETU) says 3,000 members have endorsed a base-level enterprise agreement (EA) covering 10k electrical trade workers that it will take to 600 employers. On September 7, ETU secretary Troy Gray sought ETU members' endorsement at Melbourne Convention Centre for several recommended enterprise agreement (EA) clauses ...

AiG to pursue greater contractor penalties, as boycott fines to rise

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The Federal Government has followed through on its commitment to increase maximum secondary boycott penalties to $10 million or higher but has not touched union restrictions on employers' use of contractors, in its draft legislative response to the Harper review of competition law. The govt's Exposure Draft - Competition and Consumer Amendment (Com...

Editorial Team

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Editor: Annie Lawson (03) 9286 1411. Chief Journalist: Gerard May. Journalists: Steve Andrew, Bernadette McBride. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Workers not scared by threat to terminate EA: CFMEU

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AGL Loy Yang has threatened its power stationworkers that if they don't vote up the Fair Work Commission (FWC) recommended enterprise agreement (EA) it would have “no choice” but to continue to pursue its bid to have it terminated. However, Construction Forestry Mining Energy Union Vic district secretary Geoff Dyke told Workforce Daily ...

Federal Full Court quashes FWC full bench EA ruling

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A Fair Work Commission (FWC) full bench failed to consider a United Voice claim a security services agreement fell short of the better off overall test (BOOT) and properly formalise its decision, a Federal Full Court has found. United Voice appealed FWC Commissioner David Gregory's ruling and a subsequent full bench decision that approved MSS Secur...

Order of ‘arrogant' tribunal caused stress and hardship: Report

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A report on the now abolished Road Safety Remuneration Tribunal's (RSRT) minimum rates order of December 2015 makes some controversial findings and recommendations, including that it led to the suicide of some owner drivers and that tribunals are not the vehicles for developing industry-wide regulation that “intervenes in market forces”...

Part-time jobs on the rise, as full-time falls

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While seasonally adjusted unemployment has remained steady on trend terms at 5.7%, the latest ABS data shows underemployment and underutilisation is increasing on both trend and seasonally adjusted terms. The underemployment rate increased by 0.3pts to 8.7% on seasonally adjusted terms for the quarter and by 0.1pts to 8.6% on trends terms, accordin...

Editorial Team

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Editor: Annie Lawson (03) 9286 1411. Journalist: Bernadette McBride. Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Union did mislead members - but employers playing same game: FWC

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A Fair Work Commission (FWC) full bench has dismissed the National Tertiary Education Industry Union WA branch (NTEU) appeal against a decision that found, in part, it misled members. On June 6, Commissioner Bruce Williams had dismissed a bid by Curtin, Murdoch and Edith Cowan universities for good faith bargaining orders that NTEU delete an enterp...

Redundancy issue still behind Adelaide Metro worker EA split

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The split in the workers negotiating with Adelaide Metro for a new enterprise agreement (EA) shows no signs of healing, after the two groups held opposing mass meetings yesterday (September 14) ( WF 9/9/2016 ). The meeting of the Rail Tram and Bus Union SA/NT branch (RTBU) group “resolved” to oppose the SA government's proposal to remov...

AiG ordered to dish up more evidence for penalty rates review

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WFD: The Australian Industry Group (AiG) has been ordered to elaborate on evidence about fast food worker classifications as part of the Fair Work Commission's review of weekend penalty rates. FWC president Justice Iain Ross last week delayed the long-awaited decision about weekend penalty rates, and asked employers campaigning for weekend penalty ...
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