A Fair Work Commission full bench has lambasted a dismissed worker's solicitors for lodging his general protections claim without telling him it could be late and then failing to advise him he could argue representative error was a reason for the delay. Deputy Presidents Peter Sams and Val Gostencnik and Commissioner Tony Saunders described as R...
Solicitors' advice ‘remarkable': FWC
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Australian downturns claim hours rather than jobs: RBA report
Industrial relations reforms have given companies flexibility to reduce work hours rather than slash employee numbers in response to economic downturns and recessions, a Reserve Bank of Australia (RBA) report has found. The RBA discussion paper Jobs or Hours? Cyclical Labour Market Adjustment in Australia found changes in ‘average hours worke...
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Employee unfairly fired over slap allegations faces appeal
The Fair Work Commission (FWC) has agreed to hear an employer's appeal of a decision it had unfairly dismissed a worker who had allegedly slapped a retirement resident in the mouth. The cmn made its original decision after weighing up conflicting versions of events and declining to take into account a prior warning relating to performance concerns ...
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No 11 th hour reprieve for company seeking to join ex-GM to claim
A company fighting an adverse action claim has failed in its 11 th hour application seeking to join its former general manager in the matter. Carroll Resources sought to join a party not already involved in the litigation, Paul Grixti, half-way through a four-day Federal Circuit Court trial. The company's counsel argued the matter “could not ...
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Extra time for sacked worker
The Fair Work Commission has granted a sacked Tabcorp worker extra time to lodge his unfair dismissal claim, after finding his wife's serious medical condition and professional lapses by his lawyer contributed to the delay. Olgierd Cherfi argued he was in a “state of mental distress” before and after his dismissal as a consequence of ne...
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Bench grants unfair extension: finds dismissal starts on communication
A Fair Work Commission (FWC) full bench has quashed a decision and allowed an extension for an unfair dismissal application because the employer had first only communicated it to the worker's union, not the worker himself. On July 6, 2016 Senior Deputy President Lea Drake denied 34-year NSW Trains employee Mohammed Ayub an extension of time to appl...
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Trifecta of economic and regulatory issues fuel insecure work
Profit-hungry companies, technological changes and an overly complex IR system have fuelled the surge in Australia's insecure workforce, delegates at an annual labour law event have heard. Switching to “economic bargaining” with industry players, streamlining labour laws and resolving regulatory blips that consign migrant workers to tem...
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ACTU to advise ILO on domestic violence leave
The Australian Council of Trade Unions (ACTU) will this week encourage the Internal Labour Organisation (ILO) to adopt Australia's move towards providing domestic violence leave. ACTU president Ged Kearney said in a statement she plans to discuss measures to combat violence in the workplace at a forum on ‘Violence Against Women and Men in the...
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Ditch long service leave, empower unions & income for everyone: Prof
Ditching long service leave in favour of a leave bank, giving unions the right to conclude enterprise agreements (EA) and awarding every adult a basic income regardless of employment status were among the suggestions Emeritus Professor Ron McCallum made during a recent annual lecture series. He told delegates to the Australian Institute of Employme...
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Simplified system must not undermine workers
Qld Council of Unions (QCU) has warned the Fair Work Commission (FWC) full bench penalty rates decision must not leave workers worse off. QCU general secretary Ros McLennan cautioned it against handing down a “one-size-fits-all” decision that will impact 400,000 retail and hospitality workers in Qld. “The quest for simplicity is a...
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Editorial Team
Editor: Annie Lawson (03) 9286 1411. Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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No conflict for union president sitting on boss's council
The National Tertiary Education Union (NTEU) is claiming victory for the rights of staff on governing councils after it and the University of New England (UNE) resolved there was no conflict between a professor's roles as both NTEU branch president and UNE council member. The UNE, NTEU and Professor Margaret Sims say in a joint statement that feder...
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NSW IRC dismisses NatRoads bid to exempt members from min rates
The NSW Industrial Relations Commission (IRC) has dismissed an application to exempt members of a road freight group from minimum pay rates and conditions established 30 years ago for owner drivers in NSW. Commissioner John Murphy found NatRoads lacked standing under the NSW IR Act to apply to the cmn under section 311. The decision means NatRoads ...
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Worker's pre-permanent role had been as casual not contractor
The Fair Work Commission (FWC) has rejected an employer's claim a worker had been an independent contractor for the period before taking up a permanent role, dismissing the jurisdictional objection to the worker's unfair dismissal claim. The cmn heard there were three distinct periods during the time Christopher Cole performed work for small busine...
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Coalition launches migrant workers taskforce
The Federal Government has today ticked of its pre-election promise to establish a migrant workers taskforce aimed to combating wage fraud and overseas worker exploitation Revealing details of the long-awaited taskforce, employment minister Senator Michaelia Cash announced Professor Alan Fels will chair the joint-agency group and Dr David Cousins w...
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Editorial Team
Editor: Annie Lawson (03) 9286 1411 Chief Journalist: Gerard May Journalist: Steve Andrew Managing Editor: Peter Schwab Twitter: @WorkforceTR
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No second chance for sacked PE teacher
A Vic physical education (PE) teacher sacked for physically and mentally abusing students has lost his unfair dismissal claim. St Thomas Aquinas College sacked Warren James in 2016, after eight years with the school. The Fair Work Commission heard James was given a first and final warning in 2012 after he lifted a student, who had been fighting, of...
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Medical centre ordered to pay more than $74k over ‘appalling' treatment
A Federal Circuit Court (FCC) has fined a medical centre and its directors more than $51,000 and ordered them to pay almost $25k compensation after they subjected an Indian doctor to “appalling” treatment and withheld his pay after he complained to regulatory authorities FCC Judge Michael Jarrett fined Windaroo Medical Surgery Pty Ltd i...
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Mining company proposed cuts to ‘intimidate' strikers: CFMEU
The Construction Forestry Mining Energy Union (CFMEU) Qld district has claimed Anglo American Coal's proposal to make 90 German Creek Mine workers redundant is an attempt to “intimidate” employees taking protected industrial action and could be adverse action. The CFMEU and Anglo have been bargaining since the last enterprise agreement ...
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Hospital pay deadlock triggers strike
Health workers at a private sector Victorian hospital took strike action today after negotiations over a new pay deal stalled, the Health Workers Unions (HWU) has said. HWU secretary Diana Asmar said in a statement protected industrial action began at 11.30am in response to a pay dispute with Lyndoch Hospital in Warrnambool. The union pushed for a ...
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