WFD: A Fair Work Commission (FWC) full bench has rejected a bid to circumvent the Fair Work Act's “double-dipping” restrictions by arguing her general protections claim was against two individuals while her complaint to the Australian Human Rights Commission (AHRC) was against the employer. The bench - Senior Deputy President Lea Drake,...
Bench upholds bar to general protections applications
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Federal Court slaps CFMEU for ‘national' industrial action threat
WFD: The Federal Court has fined the Construction Forestry Mining Energy Union (CFMEU) $50k and two of its officials more than $3k each for threatening to unleash “Armageddon” on two contractors at the Royal Adelaide Hospital (RAH). On January 19, 2016, Justice Anthony Besanko ordered CFMEU pay $25k each for SA construction and general ...
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Qantas wins appeal after employee stole alcohol and lied
WFD: Qantas Airways Limited has won an appeal against a Fair Work Commission (FWC) ruling awarding a flight attendant more than $33k after he was sacked for stealing alcohol from the company and lying during its investigation. A FWC full bench - Vice President Joe Catanzariti, Deputy President Anne Gooley and Commission Nick Wilson - quashed Deputy...
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CFMEU loses appeal over miner roster allowance
WFD: A Fair Work Commission full bench has knocked back a Construction Forestry Mining Energy Union (CFMEU) appeal of an October 13 decision that allowed a mining giant to amend a roster system and calculate employee entitlements using its own methodology. The bench - Vice President Joe Catanzariti, Deputy President Lyndall Dean and Commissioner To...
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Magistrate asks Kathy Jackson ‘do you want another royal commission'
WFD: The lawyer for Kathy Jackson has told the Melbourne Magistrates' Court he wants to examine 68 witnesses during the committal hearing into corruption allegations against the former Health Services Union (HSU) boss, the ABC has reported. Jackson faces 70 counts of theft and deception over allegations she stole more than $270,000 from the HSU ( W...
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Failure to be team player didn't warrant rugby league sacking
WFD: A footie club business development manager (BDM) had a poor attitude and was no team player but that did not warrant his summary dismissal, the Fair Work Commission has found. Deputy President Anna Booth heard that Parramatta National Rugby League Club (PNRL) BDM Mark Muirhead first got into trouble when he arced-up over an August 17, 2016 ema...
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Labor's penalty rate commitment provokes mixed reaction
WFD: The Labor Party's pledge to change legislation should the Fair Work Commission (FWC) bring Sunday penalty rates in line with Saturday rates when it is re-elected has been greeted with a mixture of support and dismay. In a speech at the John Curtin Research Centre in Melbourne later today, Opposition Leader Bill Shorten will pledge to protect w...
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CFMEU wins stay on Loy Yang order
WFD: The Construction Forestry Mining Energy Union (CFMEU) has won a stay order until the Fair Work Commission (FWC) determines its appeal against a decision terminating AGL Loy Yang's enterprise agreement (EA). FWC Vice President Peter Hatcher granted the union's stay application on the condition it did not organise any industrial action before it...
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EX-CFMEU boss to fight corruption charges
WFD: Former Construction Forestry Mining Energy Union (CFMEU) Qld president David Hanna will defend all corruption charges against him, the ABC reports. Police charged Hannain the Brisbane Magistrates Courtwith fraud and corruption-related offences after allegedly receiving free work on his house between December 2012 and November 2013. The charges...
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Hundreds of UGL workers axed
WFD: Construction delays and cost blowouts have claimed about 300 jobs on the Inpex power plant in Darwin following tension among contractors. Relations between primary contractor UGL Ltd and principal Inpex contractor JKC Australia LNG, both engaged on the Ichthys Combined Cycle Power Plant (CCPP) project, broke down, leaving hundreds of workers i...
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Editorial Team
Editor: Annie Lawson (03) 8684 2127, annie.lawson@tr.com . Chief Journalist: Gerard May Managing Editor: Peter Schwab Twitter: @WorkforceTR
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Lack of training does not protect ‘unacceptable' cop from dismissal
The NSW Industrial RelationsCommission (IRC) has upheld a NSW Police decision to fire a senior special constable (SSC) who worked in security at Parliament House after he openly discussed in front of junior employees his “predilection for anal sex” and “various metal work jobs” on his penis. Commissioner John Murphy dismisse...
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Unions, Esso close to enterprise agreement on bitter onshore war
The bitter dispute between unions and ExxonMobil Australia is a step closer to resolution after the parties agreed to hold an employee ballot for the onshore gas plant enterprise agreement (EA). However, the offshore EA is going to arbitration after Fair Work Commission (FWC) conciliation failed to reach agreement on the issue of rosters. On Decemb...
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Ignoring redeployment ‘swap' meant redundancies not genuine: bench
In an important decision redefining an employer's responsibilities when considering redundancies, a Fair Work Commission full bench has found Asciano Services Pty Ltd failed to do all that was reasonable when it didn't allow seven train drivers targeted for retrenchment to swap with co-workers willing to take voluntary redundancy. However, it rejec...
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Parmalat workers remain locked out
At press time the Parmalat Dairy processing plant in Echuca, Victoria remained closed, after the latest meeting failed to deliver agreement. Parmalat locked out 60 workers on January 18 in response to their commencing industrial action while bargaining for a new enterprise agreement ( WF 20/01/17 ). The union said workers only took the action becau...
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FWO turns up heat on Pizza Hut
The Fair Work Ombudsman (FWO) has vowed to crack down on Pizza Hut stores after an audit revealed widespread underpayment of delivery drivers and instances of sham contracting. The workplace watchdog audited 34 stores and was continuing investigations into six outlets, including one with suspected falsified records, the FWO's activity report releas...
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AMMA chief recognised for services to IR, women and resources sector
Australian Mines and Metals Association (AMMA) CEO Steve Knott has been awarded an Order of Australia as part of the Queen's birthday honours list yesterday. Knott, who has been AMMA CEO for nearly 20 years, was recognised for “significant service” to industrial relations, the resources and energy industries and the advancement of women...
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Diary
‘Future of Work' forum : February 9, 5.30pm, The University of Melbourne. More information here ‘People in Business' seminar : February 14, 7.30m, Docklands, Melbourne. More information here
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Whistleblowers notch up a win
The Federal Circuit Court (FCC) has rejected the Construction Forestry Mining Energy Union (CFMEU) NSW branch's argument it was not the true employer of whistleblowers Andrew Quirk and Brian ‘Jock' Miller who claimed the union took adverse action against them. Judge Nick Nicholls found Quirk and Miller, who alleged the union unfairly dismisse...
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Teacher's injury at union meeting not ‘in the course of employment'
The Queensland Industrial Relations Commission (IRC) has affirmed a decision to deny a teacher compensation for a fall which occurred while she attended an Independent Education Union (IEU) executive meeting. Lynette Byrnes applied for compensation after she fell at the Christie Centre in Brisbane on October 30, 2015, resulting in a shoulder fractu...
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