WFD: The Construction Forestry Mining Energy Union (CFMEU) and Griffin Coal Mining Company Pty Ltd are negotiating a new enterprise agreement (EA) under the Fair Work Commission's (FWC) new approaches program. On February 6, FWC Deputy President Anna Booth said in an enterprise bargaining progress report that at the outset Griffin Coal chief financ...
Griffin Coal in confidential briefing in ‘new approaches' with CFMEU
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Real estate agency fined for underpaying sales agent
WFD: The Federal Circuit Court (FCC) has fined a real estate agency $27k and its director $5,400 for underpaying a long-standing sales agent. In November 2016, the FCC ordered E J Love and Co to pay $73,920 in outstanding commission to Arthur Tjorpatzis, plus $6,437 in superannuation. The court heard the agency had employed Tjorpatzis for 23 years....
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Incentive not covered by FW Act
WFD: A contractual issue in the workplace “does not itself” give the Federal Circuit Court (FCC) jurisdiction to entertain a claim under the Fair Work Act (FW Act), Judge Timothy Heffernan has reaffirmed. Ruling against hearing an application seeking $7,400 in payments allegedly owed to a worker under a sales incentive plan (SIP), Judge...
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No compensation for worker in alleged ‘criminal enterprise' stands
WFD: A Fair Work Commission (FWC) full bench has tossed out a worker's appeal against a decision that found his summary dismissal was unjust. But it did not award compensation after finding his alleged criminal enterprise against his employer was severe. On February 17, the bench - Vice President Joe Catanzariti, Deputy President Anne Gooley and Co...
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Ex-wife of business owner who went missing liable for underpayment
WFD: The Federal Circuit Court has found the former wife and business partner of the director of a kitchen sales and manufacturing company was liable for nearly $20,000 in employee underpayments despite her estrangement from her husband who the NSW police listed as a missing person for nearly five months. Judge Tom Altobelli found Kim Withers was a...
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Nurses to be reimbursed after training dispute: FWC
WFD: The Fair Work Commission (FWC) has ordered an aged care provider to repay nurses it is accused of standing down for failing to fulfil the necessary training requirements to administer medicine to patients. Dismissing AnglicareSA's submission the nurses should undergo training “in their own time and at their own cost”, Commissioner ...
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Editorial Team
Editor: Annie Lawson (03) 8684 2127, annie.lawson@tr.com Chief Journalist: Gerard May Journalist: Steve Andrew Managing Editor: Peter Schwab Twitter:@WorkforceTR
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Vic Govt refines call centre code
WFD: The Victorian Government has unveiled a revised call centre code it says is designed to help govt-operated calls centres and govt-contracted private operators improve productivity and innovation. IR minister Natalie Hutchins urged call centre industry operators to adopt the code “designed to encourage best practice in call centre managem...
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ACTU sharpens knife ahead of biggest battle in 20 years
Australian Council of Trade Unions (ACTU) vice-president and campaigns manager - and the person most likely to replace ex-secretary Dave Oliver - Sally McManus has today thrown down the gauntlet with an ominous tweet ahead of a likely protracted battle against the penalty rates cuts announced yesterday ( WF 23/2/2017 ). The message, which referred ...
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Fed Full Court dismisses ‘desperate' ResMed challenge
A Federal Full Court has dismissed biotech company ResMed Limited's challenge to the Australian Manufacturing Workers' Union (AMWU) right to bargain on behalf of its workers after nearly four years of protracted legal wrangling over the union's representation rights at the company ( WF 17/6/2016 , 22/1/2016 , 24/4/2015 ). ResMed unsuccessfully chal...
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Sacked mine worker awarded $25k despite serious safety breach
The Fair Work Commission has ordered BHP Coal Pty Ltd to pay $25,448 compensation to a sacked mine maintenance worker, despite finding his misconduct a serious safety risk. The cmn heard Andrew Crawford propped up a dozer on jacks to allow repairs, without ensuring adequate hand rail protection to prevent falls. It was his second safety offence in ...
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VP Watson rejects ACTU family & domestic violence leave clause
In a rare occurrence a single member on a Fair Work Commission full bench has issued their decision before the other two members of the bench. With his resignation coming into effect from close of business tomorrow (February 28) ( WF 21/07/17 ) , Vice President Graeme Watson has issued his decision in which he rejects the Australian Council of Trad...
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Fed Court finds CFMEU meetings at Commonwealth Games site illegal
The Federal Court has found a series of contractor employee meetings at a Queensland Commonwealth Games project site the Construction Forestry Mining Energy Union (CFMEU) organised last year were unlawful and illegitimate. Justice John Reeves found the union breached sections 343 and 348 of the Fair Work (FW) Act as the pattern of meetings was part...
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Turnbull denies Shorten support to stop penalty rate cut
As the political battle over responsibility for the penalty rates cut continues, Opposition leader Bill Shorten has written to Prime Minister Malcolm Turnbull seeking “bipartisan support” for Labor legislation to protect workers. Labor said it will introduce a bill into Parliament to protect “at least 600,000” people from ha...
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Management action unreasonable but not bullying
The Fair Work Commission (FWC) has dismissed a worker's bullying claim but found her employer giving her a written warning almost twelve months after the alleged conduct was not reasonable management action. Commissioner Tony Saunders found Park Beach Bowling Club Limited did not bully bar attendant Belinda Brown because the unreasonable behavior w...
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Nationals seek to reduce need for FIFOs
The WA Nationals have promised tax relief for employers that utilise a residential workforce in remote mining communities. The election policy exempts businesses with payroll tax of less than $5 million from paying the tax for two years. The policy is an attempt to reduce the need for fly-In, fly-out (FIFO) operational workforces. Party leader Bren...
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RoE permit granted despite suspension
A Construction Forestry Mining Energy Union (CFMEU) official whose right of entry (RoE) permit was suspended for four months in 2013 for illegal entry to Lend Lease's Adelaide Oval redevelopment project is now a “fit and proper” person to hold a permit, the Fair Work Commission (FWC) has ruled. Granting a permit to Darren Roberts, Senio...
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Editorial Team
Editor: Annie Lawson (03) 8684 2127, annie.lawson@tr.com Chief Journalist: Gerard May Journalist: Steve Andrew Managing Editor: Peter Schwab Twitter: @WorkforceTR
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VP Watson rejects ACTU family & domestic violence leave clause
In a rare occurrence a single member on a Fair Work Commission full bench has issued their decision before the other two members of the bench. With his resignation coming into effect from close of business tomorrow (February 28) ( WF 21/07/17 ) , Vice President Graeme Watson has issued his decision in which he rejects the Australian Council of Trad...
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AWU aims to shield workers from future penalty rate cuts
The Australian Workers' Union (AWU) has unveiled plans for a restructure and a membership expansion into new sectors to protect workers it claims could be the next in line for penalty rate reductions. AWU national secretary Daniel Walton told Workforce Daily delegates had voted up a trifecta of resolutions at the union's conference at the Gold Coas...
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