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Industrial applications fall, but matters finalised increase: FCC

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WFD: The number of industrial matters finalised in the Federal Circuit Court (FCC) has increased while the number lodged declined, the court's 2015-16 annual report shows. Industrial application numbers filed in the FCC fell to 972, down from 1,085 in 2014-15. That was 11.23% of all applications. However it finalised 1,016 matters in 2015-16 up fro...

IR reform more likely to come from crossbench & Labor: McCallum

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WFD: A renowned industrial law academic has questioned the relevance of the Federal Government's industrial relations agenda ahead of Tuesday's (October 18) 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, resp...

Gathering social media info without employee knowledge ok: Court

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WFD: 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 Vict...

Laser light injury leads to ‘legal measures' at German Creek dispute

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WFD: Anglo American Coal has said it will take “appropriate and lawful measures” to ensure workers' safety after a mine worker allegedly suffered eye injuries from a laser shone at her while she crossed a picket line, the company has said in a statement. It rejected Construction Forestry Mining Energy Union (CFMEU) Qld district claims i...

Airtasker ups recommended pay rates ahead of Unions NSW talks

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WFD: Online work-outsourcing platform Airtasker has updated its recommended rates of pay by up to 45%, encouraging users to advertise work at a minimum rate of $25 an hour, peak union body Unions NSW has said . The peak union body has raised concerns about conditions for workers using the online platform and will meet Airtasker CEO Tim Fung in the ...

Two-year-old ‘thuggery' video a PM ‘stunt': CFMEU

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WFD: 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 bui...

CFMEU claims German Creek Mine dispute turns ‘dangerous'

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WFD: 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 Ameri...

Supreme Court issues interim restraint of trade injunction

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WFD: 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 d...

Government ‘confident' CFA law will survive union High Court challenge

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WFD: 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 Serv...

Productivity Commission reports ‘languish for many years'

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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...

FWBC launches Federal Court action against CFMEU

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WFD: 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 1...

Editorial Team

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Editor: Annie Lawson (03) 9286 1411 Chief Journalist: Gerard May Journalist: Bernadette McBride, Steph D'Souza Managing Editor: Peter Schwab Twitter: @WorkforceTR

Cops called to CFMEU-Loy Yang FWC EA termination hearing

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The Construction Forestry Mining Energy Union (CFMEU) has claimed its members were intimidated by police and extra security at the Fair Work Commission (FWC) when they attended enterprise agreement (EA) termination hearings with their employer AGL Loy Yang Pty Ltd. CFMEU Vic district secretary Geoff Dyke told Workforce when about 60 union members t...

Court maintains bar on secret video of Griffin Coal worker ripping in

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A worker secretly video-taped “making particularly adverse and colourful comments” about his employer Griffin Coal has won injunctive relief preventing the company using it as part of disciplinary proceedings while the Federal Court decides whether the recording breached surveillance laws. Long-term (29-years) Griffin maintenance employ...

CFMEU official's criminal conviction barred him from office

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The Fair Work Commission has told Senate Estimates that the construction union's Luke Collier withdrew his nomination for a WA branch divisional council position after its intervention over his undisclosed criminal convictions. The general manager's delegate, Chris Enright, said he made enquiries into the history of Construction Forestry Mining Ene...

Worker wins $18k after cops called over boss v boss love feud

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The Fair Work Commission (FWC) has found a pub unfairly dismissed its bar tender because a manager was driven by “bitterness and malice” against her former partner and joint manager. Commissioner Ian Cambridge found Australian Hotel Cowra manager Anita Fifoot unfairly dismissed part-time bar tender Darren Nurcombe after she called the p...

FWBC denies impeding safety on work sites

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Fair Work Building and Construction (FWBC) has insisted it has not impeded safety on construction sites after allegations it contributed to two fatalities at a Perth site were raised during a Senate Estimates hearing. Referring to a November 25, 2015 incident in which two Irish workers died on a Perth construction site, FWBC director Nigel Hadgkiss...

Xenophon lays down ‘chief concern' for ABCC approval

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The Federal Government looks likely to secure passage of its industrial relations (IR) Bills through the Senate after the One Nation party confirmed its support - however it still needs to successfully negotiate support from the Xenophon block. Senator Nick Xenophon said today (October 24) his party vote on the Australian Building and Construction ...

Verbal contract ending ok - even if written word required: full bench

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A Fair Work Commission (FWC) full bench has confirmed that even if a contract of employment states a written resignation is required - a verbal resignation is not necessarily invalid. On Friday (October 21) Senior Deputy President Lea Drake, DP Ingrid Asbury and Commissioner Tony Saunders refused former Nexus (Aust) Pty Ltd employee Blair Bonser pe...

Full Federal Court rejects bid to overturn finding on sacked father

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A company that claimed an employee abandoned his employment when he took time off to look after his family after the premature birth of his fifth child has lost its Federal Court challenge to an unfair dismissal finding and costs order. Justices Antony Siopis, Berna Collier and Anna Katzmann dismissed as “without merit” Macquarie Techno...
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