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Fair Work Commissioner refuses law firm's request to remove himself

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Fair Work CommissionerDanny Cloghan has used an analogy of someone throwing themselves off a building to explain why he refused to recuse himself from a hearing following accusations he demonstrated “apprehended bias” after the parties' lawyers disagreed over hearing dates. Rejects claim law firm could predict the future Commissioner Cl...

PC puts alternatives to award-based super default on table

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The Productivity Commission (PC) has put three different default superannuation models on the table as part of its inquiry into developing alternatives to the current award-based default system. In an issues paper released this week, it says it will assess the different models against a baseline of having no default allocation system. The PC's inqu...

Union official turns ‘blind eye' to safety in unauthorised site visit

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A Construction Forestry Mining Energy Union (CFMEU) state secretary said he would turn a “blind eye” to safety during an unlawful visit to an Adelaide construction site, a Federal Court has heard. CFMEU South Australian secretary Aaron Cartledge told a project manager at an apartment complex project site during a July 14, 2014 visit wit...

New ALP national secretary

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The ALP national executive has today appointed Noah Carroll as the new national secretary. Carroll has been Vic ALP state secretary since 2011 and was campaign director during its successful full state election campaign. The ALP said he is expected to begin September 26, 2016. Carroll replaces George Wright who resigned early September ( WF 2/9/201...

ACCI workplace relations director role vacant again

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The Australian Chamber of Commerce and Industry (ACCI) has advertised for a workplace relations director to replace Richard Calver who left in July after a few months in the role. His role at ACCI was believed to be on a contract basis, which ended in July. An ACCI spokesperson told Workforce Daily : “We don't comment on staffing matters.R...

FWBC seeks ‘urgent' injunction to end CFMEU strikes

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WFD: The Fair Work Building Commission (FWBC) has launched Federal Court proceedings against the Construction Forestry Mining Energy Union (CFMEU) in a bid to end strikes and work stoppages at construction sites across Brisbane. The FWBC was seeking an “urgent” court injunction against the CFMEU and seven union officials, claiming they ...

O'Connor questions need for ABCC following FWBC ‘breaches'

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WFD: Reports of potential breaches of civil rights by Fair Work Building and Construction (FWBC) called into question the Federal Government's push for the Australian Building and Construction Commission (ABCC) with extra powers, according to shadow workplace relations minister Brendan O'Connor. O'Connor was responding to a 2015-15 annual report ta...

Union launches test case against unpaid extra duties

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WFD: Unions and employers are gearing up for a major battle over whether efficiency provisions in enterprise agreements (EAs) allow for unpaid extra duties. In a test case with national implications for the industry, the Australian Rail Tram and Bus Industry Union (RTBU) has asked the Fair Work Commission to block a move by Australia's largest frei...

Lawler withdraws Federal Court action against Cash

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WFD: Ex-Fair Work Commission vice president Michael Lawler has withdrawn his Federal Court action against employment minister Senator Michaelia Cash ( WF 23/9/2016 ). Lawler filed a Federal Court application on September 15, claiming Cash had unfairly seriously damaged his reputation when she tabled an investigation into his conduct in parliament. ...

Worker with sex tapes on company laptop sacked unfairly: FWC

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WFD: The Fair Work Commission (FWC) has found a worker who made sex tapes and downloaded hardcore pornography onto his company laptop was unfairly sacked because of his employer's “extraordinary approach” to his summary dismissal. Commissioner Ian Cambridge found while downloading and storing pornography on work computers would ordinari...

US union tells new CUB owner to overturn sacking ‘treachery'

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WFD: The US union associated with the Electrical Trades Union (ETU) has told the company soon to take over Carlton and United Breweries (CUB) to reinstate the sacked 55 workers onto their original union-negotiated enterprise agreement. In a September 27 letter , the International Brotherhood of Electrical Workers (IBEW) told AB InBev North American...

FWBC wins temporary injunction against CFMEU

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WFD: The Fair Work Building Commission (FWBC) has secured an interim Federal Court injunction against the Construction Forestry Mining Energy Union (CFMEU) preventing industrial action at construction sites across Brisbane ( WF 28/9/2016 ). On Thursday (September 29), Justice Andrew Greenwood ordered the CFMEU and seven union officials be "restrain...

FWC ruling exposes complexity of bullying coverage

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WFD: The Fair Work Commission has confirmed that gaps in the coverage of federal bullying laws extend to Victorian government employees. In rejecting a state teacher's application for stop-bullying orders, Commissioner Peter Hampton held she did not fall within the Fair Work Act's bullying jurisdiction, in that she was not an employee of a constitu...

Job vacancies edge up

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WFD: Total job vacancies rose 1.3% to 175,300 from May to August 2016, new Australian Bureau of Statistics data shows. Growth in public sector vacancies outpaced those in the private sector, increasing 3.4% to 17,100 over the same period. Private sector vacancies edged up 1.1% to 158,200. In the 12 months to August, total vacancies grew 8% driven b...

Editorial Team

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

Vic public sector EA the difference in public v private union growth

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WFD: The average annualised wage increase (AAWI) for federal enterprise agreements (EA) approved in the June quarter was 3%, the Federal Department of Employment's (DoE) trends in enterprise agreement (EA) bargaining has found. The DoE said this was up from 2.7% in the March quarter, and down from 3.2% in the June 2015 quarter. EAs approved in the ...

2 nd time around Whyalla workers vote up 10% pay cuts

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Approximately 600 Whyalla Steelworks workers have voted to slash their pay by 10% in the second vote on the administrator's proposed enterprise agreement (EA) terms ( WF 23/09/2016 ), as part of plans to secure the operation after the collapse of the Arrium steel group. Workers agreed to the four-year EA terms in the September 27-29 vote after they...

Multi-EA bid no bar to industrial action but PABO rejected: Bench

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A Fair Work Commission (FWC) full bench has rejected union argument it has identified a loophole preventing workers from taking protected industrial action for a single enterprise agreement (EA) if an employer chooses to be party to a multi-enterprise agreement (multi-EA). However, the bench - Vice President Adam Hatcher, Deputy President Jeff Lawr...

Ross flags penalty rates trade-off

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Fair Work Commission (FWC) President Justice Iain Ross has told a retail summit “it should be possible” for the FWC's long-awaited penalty rates decision to include how employers can pay a higher hourly rate “in lieu of penalty rates”. Justice Ross told the September 29 Australian Financial Review summit the cmn was committe...

ABCC ‘vital step' in boosting productivity: AMMA

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Stricter rules surrounding unlawful picketing and industrial action were among the provisions in the Australian Building Construction Commission (ABCC) Bill the Australian Mines and Metals Association (AMMA) applauded in its submission to the Senate Committee examining the legislation. An “appropriate” reverse onus of proof for “s...
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