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Restraint clauses need only protect legitimate interests

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A matter involving Just Group Limited (JGL) has reinforced the need for companies to carefully draft post-employment restraint clauses that only protect their legitimate interests, a law firm has cautioned. King & Wood Mallesons (KWM) has used a Victorian Court of Appeal ruling upholding a decision a Just Group's chief financial officer's (CFO)...

ACTU approach lacks required ‘openness and collaboration'

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Vice President Graeme Watson has used PricewaterhouseCoopers' (PwC) evidence of its “collaborative approach” to supporting employees impacted by family and domestic violence to illustrate his reasons for rejecting the union bid to insert such paid leave into the National Employment Standards (NES) ( WF 27/02/17 ) . “Through a deli...

CEPU loses costs bid against ex-organiser

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The Communications Electrical Plumbing Union (CEPU) has lost its costs bid against former Tasmanian organiser Darren Harpham following his largely unsuccessful adverse action and breach of contract claim ( WF 16/12/17 ) . Justice Richard Tracey held no part of Harpham's claim was “so weak as to be unarguable” and he was successful on th...

QBE CEO's ‘personal decisions' inconsistent with expectations

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Insurer QBE has docked chief executive John Neal's pay some $550k for failing to inform the board he had entered a relationship with his executive assistant. Page 71 of its 2016 Annual Report , reveals “some recent personal decisions by the CEO have been inconsistent with the Board's expectations”. The Australian Financial Review reveal...

Editorial Team

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

FWC tells employer it must produce employee list

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The Fair Work Commission (FWC) has dismissed an employer's stay application against a decision it produce employee names prior to a majority support determination (MSD) hearing because the balance of convenience favored a refusal. Deputy President Anne Gooley said if O'Keefe Heneghan Pty Ltd, Auslife Pty Ltd and Rocky Neill Construction Pty Ltd t/a...

Govt releases bill to protect vulnerable workers

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The Federal Government has introduced the long-awaited legislation ramping up penalties tenfold for employers involved in “serious contraventions” of workplace laws and making franchisors and holding companies responsible for franchisees underpayments where they had not done enough to prevent them. Under the Fair Work Amendment (Protect...

Unions ‘knowingly' not directly involved in industrial action

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The Federal Court has found three unions at a Victorian paper plant breached workplace laws for being “knowingly concerned” with industrial action initiated by contractor employees after a safety incident. In one of his final decisions before retiring, Justice Christopher Jessup found the Construction Forestry Mining Energy Union (CFMEU...

EA numbers decline, but many ‘expired' deals may be operational

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An apparent collapse in the number of enterprise agreements covering small businesses is behind a 30.8% decline in agreements since 2014, according to a Department of Employment report on enterprise bargaining. However, the report warns the data is based on an EA's notional expiry date. Such agreements remain legally operational after expiry until ...

IR reform Bill introduced

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The Federal Government has today introduced the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2017 in response to the 2015 Productivity Recommendations to scrap the onerous process ( WF 16/2/2017 ) The legislation will give the Fair Work Commission greater discretionary power to overlook minor procedural errors in the ent...

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

NES safeguards don't cover additional leave: Full Court

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National Employment Standard (NES) safeguards preventing empIoyers including public holidays in annual leave don't cover supplementary leave, the Federal Full Court has found. In a split decision, the Full Court found Glendell Mining Pty Ltd was entitled to deduct public holidays from the annual leave entitlement of a worker whose entitlement excee...

Penalty rate cuts contagious

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Workers in a range of awards could face a similar fate to their fast food, retail, hospitality and pharmacy counterparts whose Sunday and public holiday penalty rates the Fair Work Commission (FWC) slashed last week ( WF 22/2/2017 ). Stephen Smith, Australian Industry Group (AiG) national workplace relations policy head, told Workforce Daily the FW...

More than 2 years, less than 5: AiG considering FWC phasing-in options

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“In its decision, the Fair Work Commission has expressed a provisional view on transitional arrangements for phasing-in the adjustments to Sunday penalty rates (see para [2021] of the decision),” Australian Industry Group (AiG) has said. “The Commission's provisional view is that the adjustments should be phased-in over at least t...

New MBA CEO imminent as Harnisch to retire

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Master Builders Australia (MBA) chief executive Wilhelm Harnisch announced today (March 1) he is stepping down after 15 years in command. Harnisch joined MBA as chief economist 26 years ago. MBA said the re-establishment of the Australian Building and Construction Commission was one of his many advocacy successes. The peak body noted he is held in ...

Editorial Team

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

Union tested company's resolve during unlawful work visits

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The Construction Forestry Mining Energy Union (CFMEU) intentionally “tested” a construction company's “resolve” regarding its right-of-entry (RoE) procedures during a series of impromptu visits to nine work sites across Melbourne and Geelong, the Federal Court has found. Justice Christopher Jessup found CFMEU officials acces...

FWC acknowledges it knew Metcher assault allegation when it gave RoE

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The Fair Work Commission (FWC) has told a Senate Estimates hearing today (March 2) it knew of an assault allegation against ex-union boss Jim Metcher when it granted him a right of entry (RoE) permit. On March 14-15, Deputy President Jeff Lawrence will hold a hearing into whether the FWC should have previously determined Metcher - the former Commun...

QBE CEO's ‘personal decisions' inconsistent with expectations

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WFD: Insurer QBE has docked chief executive John Neal's pay some $550k for failing to inform the board he had entered a relationship with his executive assistant. Page 71 of its 2016 Annual Report , reveals “some recent personal decisions by the CEO have been inconsistent with the Board's expectations”. The Australian Financial Review r...

Restraint clauses need only protect legitimate interests

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WFD: A matter involving Just Group Limited (JGL) has reinforced the need for companies to carefully draft post-employment restraint clauses that only protect their legitimate interests, a law firm has cautioned. King & Wood Mallesons (KWM) has used a Victorian Court of Appeal ruling upholding a decision a Just Group's chief financial officer's ...
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