WFD: The Fair Work Commission (FWC) has turned to science fiction to explain why a “valuable” and “significant” employee made redundant during bargaining should not be reinstated even if his employer had breached good faith bargaining. The Australian Workers Union (AWU) argued motor vehicle parts manufacturer Mett Pty Ltd en...
No reinstatement, as case now operating in sci-fi parallel universe
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Court says labour hire company got raw deal but fines it $105,000
WFD: A court has fined a labour hire company and its director $105,000 for underpaying workers, but said its contract with host employers suggested “negligent legal advice and some form of collusion by the companies”. The Federal Circuit Court's Judge Justin Smith fined Global Express Consultancy Pty Ltd $87,783 and its director and sol...
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ACCI cautions against medium term targets in annual wage review
WFD: United Voice's (UV) proposal for a medium-term wage target for the national minimum wage (NMW) would apply the annual wage review process “improperly” as a “tool for wage distribution” instead as of maintaining a safety net, the Australian Chamber of Commerce and Industry (ACCI) has argued ( WF 23/9/2016 ). ACCI's submi...
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Editorial Team
Editor: Annie Lawson (03) 9286 1411. Chief Journalist: Gerard May Journalist: Bernadette McBride, Steve Andrew. Managing Editor: Peter Schwab Twitter: @WorkforceTR
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Global organisations' hidden supply chains evade ‘rule of law': Burrow
International Trade Union Confederation (ITUC) general secretary Sharan Burrow last night (October 14) demanded an International Labor Organization (ILO) Convention on supply chains as she criticised the “broken” global economic model - and shamed Samsung. She said ITUC research showed the supply chains of the 50 largest companies kept ...
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RoE, anti-bullying, protected action ballot orders rise in 2015-16
Right-of-entry, anti-bullying and protected action ballot order (PABO) applications have all risen during the last financial year, the Fair Work Commission's 2015-16 annual report shows. In 2015-16, the cmn received 1,628 applications for right-of-entry permits (RoE) compared to 1,481 in 2014-15. Nine were refused, 1,518 issued and 63 applications ...
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CFMEU invokes X-Files in convention theme
The Construction Forestry Mining Energy Union (CFMEU) has invoked a slight variation of the X-Files film ‘Fight the Future' for the theme of its upcoming mining and energy national conference at the Gold Coast. The ‘Fighting the Future' convention kicks off on Monday (October 17) and will explore over four days the future challenges the...
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Just 28 of 6,000+ FWBC inquiries for criminality: Report
The Fair Work Building Commission's (FWBC) 2015-16 annual report shows just 28 of its more than 6,000 enquires over the past two years in construction were for possible criminal conduct. Of enquiries relating to possible criminal conduct, 20 occurred in 2014-15 (out of 3,035 enquiries) and just eight in 2015-16 (out of 3,564).The report does not re...
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GM who exposed his ‘sneaky nut' does not have to fork out costs
The Federal Circuit Court has held that a general manager who sent an email of his genitalia and lost his adverse action claim after his employer offered $2k to settle - does not have to pay court costs because the judge did not find his claim unreasonable. On August 30, 2016 Judge Alister McNab dismissed Direct Mail and Marketing Pty Ltd group GM ...
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Ex-HSU GM Kitching is new Senator
The Labor Party has unveiled the former Health Services Union (HSU) general manager who the Trade Union Royal Commission (TURC) said the DPP should consider prosecuting as its replacement for Stephen Conroy in the Senate. Ex-HSU Vic No 1 branch GM Kimberley Kitching will fill Conroy's Senate spot. Then-HSU, now Heath Workers Union, secretary Diana ...
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Unions lodge missing comparator in bid to revive stalled equal pay case
The stalled equal pay case looks set to be revived on the back of a union-supplied, gender-based comparator. At the end of 2015, a FWC full bench hearing the early childhood case departed from guidelines set in the social and community services (SACS) case, ruling the Fair Work Act equal remuneration provisions require a gender-based comparator to ...
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Productivity Commission reports ‘languish for many years'
With there still being no sign of its workplace relations inquiry report, the Productivity Commission (PC) has urged the Federal Government to respond to its inquiries and reports in a “relatively timely fashion” instead of allowing inquiry findings to “languish for many years”. PC chair Peter Harris said in the agency's 201...
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Government ‘confident' CFA law will survive union High Court challenge
The Federal Government has today said its new enterprise agreement (EA) volunteer protection law will “survive” United Firefighters Union Vic's (UFU) “unjustified” High Court challenge. A spokesperson for the UFU confirmed to Workforce Daily it will challenge the Fair Work Act Amendment ‘Respect for Emergency Services ...
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FWBC launches Federal Court action against CFMEU
The protracted stoush between Fair Work Building and Construction (FWBC) and Construction Forestry Mining Energy Union (CFMEU) has deepened after the inspectorate launched Federal Court proceedings against the union and one of its officials for alleged unlawful industrial action at a Brisbane construction site. The FWBC claimed in an October 17 sta...
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Editorial Team
Editor: Annie Lawson (03) 9286 1411 Chief Journalist: Gerard May Journalist: Bernadette McBride Managing Editor: Peter Schwab Twitter: @WorkforceTR
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Supreme Court issues interim restraint of trade injunction
An accounting firm has secured a Victorian Supreme Court injunction stopping a former principal manager from dealing with 89 of its clients until its restraint of trade case is heard. The former Crowe Horwath (Aust) Pty Ltd principal, Anthony Loone, is also prevented from poaching any of the firm's employees, after giving undertakings not to do so ...
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CFMEU claims German Creek Mine dispute turns ‘dangerous'
The Construction Forestry Mining Energy Union (CFMEU) Qld district has claimed its dispute with Anglo American Coal at the German Creek mine has turned nasty after an employee drove off the road to “potentially put people at risk” and with the company planning to deploy security guards in town. In an October 5 letter to Anglo American c...
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Two-year-old ‘thuggery' video a PM ‘stunt': CFMEU
Prime Minister Malcolm Turnbull has slammed a video of a person he described as a CFMEU “official” threatening a building contractor's employee that "I know your telephone number” and “I know where you live”. Speaking on ABC radio Turnbull said this is the “sort of thuggery” going on in Australia's building...
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IR reform more likely to come from crossbench & Labor: McCallum
A renowned industrial law academic has questioned the relevance of the Federal Government's industrial relations agenda ahead of today's likely passage of legislation in the House of Representatives to resurrect the Australian Building and Construction Commission (ABCC). The govt's trifecta of IR Bills were narrow in scope, respectively applying ju...
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Gathering social media info without employee knowledge ok: Court
The Victorian Supreme Court has confirmed an employer was not obliged to immediately notify a worker it was accessing her Facebook (FB) page information because it was undertaking a “misconduct investigation”. Judge Kevin Bell said the “appeal raised important, novel and reasonably arguable questions” about how the Victorian...
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