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FWC disposes of council garbo EA

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The Fair Work Commission (FWC) has terminated a NSW central coast garbos enterprise agreement (EA), accepting arguments it would cause "substantial commercial impediments" in an upcoming tendering process. The EA, which nominally expired in June 2015, was finalised with Thiess Services in 2012 shortly before the company was acquired by REMONDIS Aus...

Editorial Team

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Editor: Annie Lawson (03) 8684 2127, annie.lawson@tr.com Chief Journalist: Gerard May Journalist: Bernadette McBride Managing Editor: Peter Schwab Twitter:@WorkforceTR

Company entitled to DNA test after suspect urine sample: FWC

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The Fair Work Commission has found a coal miner suspected of tampering with his urine samples during random drug and alcohol testing breached company policy in refusing a follow-up DNA test, and that it was reasonable to give him a final warning. Commissioner Tony Saunders, in a consent arbitration, also found it was reasonable for Mt Arthur Coal P...

FWC stops planned DHS strikes

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At press time, the Department of Human Services (DHS) has successfully stopped the planned Community Public Sector Union (CPSU) strikes at the agency. After discussions in the Fair Work Commission the union has put the planned industrial action on hold. The CPSU had planned the strike action commencing February 13 in response to what it claims have...

UFU and CFA reach consent over EA

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The United Firefighters Union and the Victorian Country Fire Authority (CFA) have agreed to a range of allowances for firefighters in a bid to end the long-running and bitter dispute over the CFA's proposed enterprise agreement (EA). The UFU and CFA made submissions to agreed proposed amendments during the Fair Work Commission conciliation held las...

Vic teachers ready to strike

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Thousands of Victorian teachers are “drawing a line in the sand” and preparing to take strike action after the State Government refused to meet their enterprise agreement (EA) demand it reduce workloads, the Australian Education Union (AEU) Vic branch says. AEU Vic branch president Meredith Peace told Workforce Daily that last Friday (F...

CFMEU claims precedent setting freedom of association win

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The Construction Forestry Mining Energy Union (CFMEU) has won a precedent-setting Fair Work Commission (FWC) decision that denies companies access to petition names and signatures in a majority support determination (MSD) when a union wants to bargain on workers' behalf. Deputy President Jeff Lawrence found nothing required the petition names and s...

Coalition pledge to increases fines imminent

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It appears the Federal Government will this week fulfil its pledge to crack down on rogue employers who exploit workers and introduce legislation to boost maximum penalties for workplace law breaches. The govt revealed in May 2016 plans for a tenfold increase in fines for serious breaches of the Fair Work Act, lifting the maximum penalty from $54,0...

Industrial action to increase under ABCC concessions

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The Construction Forestry Mining Energy Union (CFMEU) has warned of increased industrial action on Federal Government-funded projects after the govt struck the deal with crossbencher Senator Derryn Hinch to toughen the Australian Building and Construction Commission (ABCC). The union today appeared before a Senate hearing examining the proposal to ...

Editorial Team

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Editor: Annie Lawson (03) 8684 2127, annie.lawson@tr.com Chief Journalist: Gerard May Managing Editor: Peter Schwab Twitter:@WorkforceTR

Bench upholds dismissal of remorseless head-butter

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A Fair Work Commission full bench has upheld a decision to reject a head butting worker's unfair dismissal application because when he was fired for his conduct at a social club event the company's “expectations of behavior applied”. On December 29, 2016, Commissioner Bruce Williams found Momentum Wealth Pty Ltd's decision to sack Matth...

WA public service authority wins appeal over long service leave

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A public transport authority has won an appeal against a decision awarding an ex-employee a pro rata long service leave payout of nearly $7,000 in a complex matter exploring the interaction between enterprise agreements (EA) and legislative entitlements. A WA Supreme Court of Appeal - Justices Michael Buss, Graeme Murphy and Kenneth Martin - upheld...

Public holiday claims refined

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Employers and unions have revised their public holiday claims as part of the four-yearly annual modern review process. Several bodies including the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the Australian Hotels Association (AHA) and the Health Services Union of Australia (HSU) clarified a November 30, 201...

Editorial Team

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Editor: Annie Lawson (03) 8684 2127, annie.lawson@tr.com Chief Journalist: Gerard May Managing Editor: Peter Schwab Twitter:@WorkforceTR

CFMEU claims precedent setting freedom of association win

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The Construction Forestry Mining Energy Union (CFMEU) has won a precedent-setting Fair Work Commission (FWC) decision that denies companies access to petition names and signatures in a majority support determination (MSD) when a union wants to bargain on workers' behalf. Deputy President Jeff Lawrence found nothing required the petition names and s...

Big mining companies squeezing contractors' EAs: Union

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The WA Electrical Trade Union (ETU) has won a protected action ballot order (PABO) after an employer rejected its bargaining offer for workers to take a 10% pay cut. Commissioner Bruce Williams dismissed crane repairer Konecranes Pty Ltd's PABO objection that the union was not genuinely bargaining because it would not accept the company's demand fo...

Workers join $85m class action over underpayments

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More than 700 workers have launched an $85m class action against a charity fundraising group over claims of sham contracting and widespread underpayment. A Chamberlains law firm spokesperson told Workforce Daily it had signed more than 700 claimants in the Federal Court action scheduled for hearing next month. She said the current and former worker...

FWC invalidates Bluescope worker suspension

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The Fair Work Commission (FWC) has ordered Bluescope Steel Limited to compensate a worker it stood down over unfounded allegations of misconduct, but was unable to hand down orders related to a final warning because it lacked jurisdiction. In a matter examining the extent of the FWC's dispute resolution powers, Commissioner Bernie Riordan found the...

Company wins unfair dismissal despite FWO underpayment action

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The Fair Work Commission (FWC) has found a worker was fairly dismissed despite being transferred to another employer without consent amid Fair Work Ombudsmen (FWO) mediation into suspected underpayment. Commissioner Julius Roe found Risk Protection Group (RPG) security guard Qaisir Khan was not dismissed despite having his regular hours reduced bec...

Progress made at Migrant Workers Taskforce: Cash

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Employment minister Senator Michaelia Cash has welcomed the progress report the Migrant Workers' Taskforce released today. Cash said in a statement the taskforce, headed by Professor Allan Fels, agreed to conduct new research to effectively communicate with visa holders to ensure they were aware of their workplace entitlements. The Australian Chamb...
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