WFD: On March 24 the Fair Work Commission (FWC) will hear an Australian Rail Tram and Bus Industry Union (RTBU) appeal against a decision it says has undermined unions' ability to protect the identity of members who wish to remain anonymous in industrial disputes. On January 5, Deputy President Peter Sams dismissed RTBU's s739 dispute application a...
Fair Work Commission decision could ‘corrode' union power: RTBU
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ADF wins appeal against officer reinstatement
WFD: The Australian Defence Force (ADF) has won an appeal against a Federal Court decision to reinstate an officer whose public statements and social media posts the ADF deemed homophobic. The Full Court - Justices Nye Perram, Debbie Mortimer and Jacqueline Gleeson - found implied freedom provisions did not protect Bernard Gaynor's private politica...
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CFMEU to counter ABCC bar on promoting union membership
WFD: The Australian Building and Construction Commission's (ABCC) new guidance material shows the building code bans enterprise agreement (EA) provisions that allow unions to promote the benefits of membership to workers. Unions traditionally used site inductions for new employees to promote memberships to generate a major source of revenue. The AB...
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Worker who refused to deal with boss's new girlfriend wins payout
WFD: A long-serving practice manager who claimed she was sacked after refusing to take calls from or deal with her boss's new girlfriend has been awarded three weeks' pay as compensation. The Fair Work Commission heard practice manager Glenyce Lorraine Ham had been friends with the former wife of her boss, orthopaedic surgeon Dr Allan Clarke, and d...
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NSW IRC amends public service award to clarify coverage
WFD: The NSW Industrial Relations Commission has amended Clause 6 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 to clarify coverage. The NSW Government through the industrial relations secretary had argued 2014 changes were sufficient to “maintain the status quo” in relation to coverage. It claimed...
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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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Diary
NexGen 2017 : June 26-28, International Convention Centre, Darling Harbour, Sydney, More info here .
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Unions need the power to prosecute bosses for ‘wage theft': inquiry chair
The chair of the Senate inquiry into Corporate Avoidance of the Fair Work Act says it is time for unions to have the power to prosecute employers that underpay workers, plus stronger right of entry powers to inspect wages records. Senator Gavin Marshall told Workforce he has been “disturbed” by evidence of the amount of “wage thef...
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Our workers among highest paid: Oxford hits back at union claim
Oxford Cold Storage has rejected union claims that labour hire workers have been exploited at its Laverton North facility. It has told Workforce it has ensured the 400 workers at the site are paid amongst the highest wages for cold storage work in Australia. Oxford director Luis Fleiszig rejected the National Union of Workers' (NUW) claim labour hi...
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There's an app for that - FWO acts to tackle substandard wage records
The Fair Work Ombudsmen (FWO) has on press day released an app to help tackle underpayment of young and migrant workers because of difficulties auditing employer's to determine if employees have been paid correctly. App an aide for SMEs: James The ‘Record My Hours' free app (above) prompts workers to record when they arrived and left work so ...
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Inpex cites track record in finding work for laid-off workers
Ichthys LNG project operator Inpex says while it was not the employer of the approx 800 workers stood down this week it has started working with the project's stakeholders “to ensure as many affected workers as possible were rapidly re-deployed” ( WF 16/03/2017 ). Ichthys project managing director Louis Bon said Inpex was “keen to...
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307 day delay but SDP wrong to dismiss time extension bid: bench
A single member erred in failing to consider “contested facts” before dismissing without hearing a worker's application for an extension of time to lodge his unfair dismissal claim, a Fair Work Commission (FWC) full bench has found. Granting permission to appeal, the bench found Senior Deputy President Lea Drake breached s397 of the Fai...
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Accessorial liability claims fails as no proof acted to defeat creditors
A retrenched employee has failed in her accessorial liability claim against a director of the company that employed her, which went into liquidation and did not pay her compensation. Mo Han Wang had sought orders for Lin Qing Liu to pay her the $6,346 the Fair Work Commission awarded her for redundancy in September 2012, arguing Liu had been the co...
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Distorted evidence and poor CCTV means dismissal cannot stand
A labour hire forklift driver and safety committee member sacked for safety breaches has been awarded $30k compensation for unfair dismissal. The Fair Work Commission heard ISS Integrated Services sacked Andrew Cornish in 2016 on grounds he breached safety regulations by failing to follow safety procedures for unloading a truck, and used a mobile p...
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‘Big party' after Parmalat lockout ends
The 61 day lockout of Parmalat Dairy workers in Echuca, Victoria is over after the Australian Manufacturing Workers' Union (AMWU) and the company struck an enterprise agreement (EA) today (March 20), the union says. AMWU Vic food & confectionery division assistant state secretary Tom Hale told Workforce Daily about 55 workers voted up the EA wi...
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Fed Govt cracks down on union-employer secret deals
Union officials and employers that secure secret payments with a “corrupting intent” will face up 10 years in prison, with up to a $900,000 fine for an individual and $4.5m for a company, under new legislation the Federal Government will introduce to Parliament this week. Prime Minister Malcolm Turnbull revealed today the payments would...
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Labor willing to reassess the BOOT
The Labor Party has conceded it would willingly review the better-off-overall (BOOT) test that ensures workers are not worse off under union and employer-negotiated wage deals in a bid to preserve employee wages ( WF 22/1/2016 ). Asked about the Daily Telegraph's story concerning union-negotiated wage deals with fast food giants such as McDonald's ...
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Workers use gig economy to top up existing income: report
About a third of British workers that participated in the gig economy did so because they were unable to find regular employment, while a similar proportion were gig workers to supplement their income, new research shows. The Chartered Institute of Personnel and Development ( CIPD ) survey of 5,019 adults in the United Kingdom between December 2016...
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TWU claims win for owner drivers
The Transport Workers Union has described a New South Wales Industrial Relations Commission decision expanding coverage, rates and protections for owner drivers as a major win for owner-drivers. Changes under the General Carriers Contract Determination include expansion of the determination to include corridors from Sydney to Wollongong and Sydney ...
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More short-sighted job cuts to hit the ABS: CPSU
Up to 100 staff at the Australian Bureau of Statistics (ABS) face the chopping block after the Community and Public Sector Union (CPSU) revealed the agency was blaming budget cuts for the impending job losses. The latest round of ABS cuts follow last year's axing of 120 jobs in a bid to save costs. CPSU deputy secretary Melissa Donnelly said the ...
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