Editor: Annie Lawson (03) 8684 2127, annie.lawson@tr.com Chief Journalist: Gerard May Managing Editor: Peter Schwab Twitter: @WorkforceTR
Editorial Team
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NUW and AWU in ‘warfare' over membership
A major membership blue is brewing between the Australian Workers' Union (AWU) and National Union of Workers' (NUW) that has hit the surface in Western Australia but has national implications, having already been discussed at the Australian Council of Trade Union (ACTU) - but to no avail. AWU WA Branch made an extension application to the Fair Work...
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Ex-FWC VP Watson details how cmn's independence compromised
Abolishing the Road Safety Remuneration Tribunal, introducing legislation to overturn the penalty rates decision and ACTU secretary Sally McManus's view about breaking unjust laws are examples of “interference or undermining of the rule of law and the independence of courts and tribunals”, a former senior Fair Work Commission (FWC) memb...
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Industrial advocate ordered to pay $10k in Cash-Heerey matter
The Federal Court has ordered an industrial advocate pay $10,000 in security costs as part of her claim against employment minister Senator Michaelia Cash after she alleged a report into ex-Fair Work Commission (FWC) vice president Michael Lawler that referenced a complaint she lodged against him denied her procedural fairness ( WF 8/12/2016 ). Jus...
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Greens, Labor & Lambie join forces on penalty rates
The Greens, Labor and Senator Jacqui Lambie have consolidated their push to overturn the Fair Work Commission's penalty rates decision, today unveiling plans to introduce a combined bill to Parliament in the next fortnight ( WF 20/3/2017 ). Greens IR spokesperson Adam Bandt said the combined bill would place pressure on other crossbenchers to ̶...
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Animosity against ex-colleagues means reinstatement not on
The Fair Work Commission (FWC) has awarded one unfairly dismissed Patrick worker who could not find steady work because of a workplace psychologically injury more than $64k compensation. However, in a concurrent matter the FWC rejected a second worker's unfair dismissal application because he tried to obtain business from one of Patrick's clients w...
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FWC President dismisses NTEU's EA termination full bench bid
The National Tertiary Education Union (NTEU) has lost its bid to have Murdoch University's enterprise agreement (EA) termination application heard by a Fair Work Commission (FWC) full bench. In December Murdoch applied to have its EA terminated. NTEU said if successful it could drop thousands of employee wages by up to 39% ( WF 13/12/2016 ). On Mar...
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CFMEU says safety concerns vindicated in Fed Court matter
The Construction Forestry Mining Energy Union (CFMEU) has claimed victory after the Federal Court today dismissed an Australian Building and Construction Commission (ABCC) matter against the union and its officials in the ACT. The ABCC alleged the CFMEU's Canberra branch blockaded a building site in June 2014 on the pretext of safety concerns for w...
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Public sector regulator clarifies NERR changes
The Australian Public Sector Commission (APSC) has today clarified changes to the agreement-making process the Federal Government flagged last month. The changes come after last year's Uniline decision that imposed a procedural requirement for employers to properly notify employees of their representation rights and highlighted the “excessive...
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Brothel ordered to pay $100k for adverse action and award breaches
A brothel owner has been ordered to pay penalties and interest totalling more than $100,000 to an underpaid receptionist sacked after she refused to move from part-time to casual work ( WF 4/3/16 ). Employer Daily Planet Australia Pty Ltd (in liquidation) was fined a total of $62,700 plus $20,397 in interest. Owner John Dennis Trimble was fined $12...
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Stevedore who called waterfront boss a pig rightfully sacked
The Fair Work Commission (FWC) has upheld the sacking of a veteran stevedore whose “less-than- respectful” behaviour to management included labelling former Patrick waterfront dispute boss and now Qube chairman Chris Corrigan a “pig” in a Facebook post. In a busy six months, the 30-year veteran Stephen Campbell received a wa...
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Union refers competition watchdog to public sector commission
The Electrical Trades Unions (ETU) has accused the head of the Australian Competition and Consumer Commission (ACCC) of breaching the public service code of conduct in the lead up to the Western Australian election campaign. ETU national secretary Allen Hicks wrote to Australian Public Sector (APS) Commissioner John Lloyd requesting the cmn investi...
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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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Only ignorant employers think FWO will detect a breach: research
The less businesses know aboutFair Work Ombudsmen (FWO) enforcement activity the more they believe the regulator will detect a workplace breach, research by leading labour law academics has found. Indeed, employers with greater knowledge of FWO enforcement thought it “highly unlikely” the agency would discover a workplace breach, the Ce...
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Court hands down ‘significant' reverse onus of proof decision
The Federal Circuit Court has dismissed a religious organisation's review application of a Fair Work Ombudsmen (FWO) compliance notice that required the group to back-pay a cook and assistant priest $77,754. The FWO said it was the first time an employer's review of one of its compliance notices proceeded to determination, describing the decision a...
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Transition measures will not assuage penalty rate cut impact
Proposals to introduce transitional arrangements for the upcoming Sunday and public holiday penalty rate cuts would amplify rather than alleviate the impact on affected worker, an Australian Institute study claims. The institute's Centre for Future Work (CFW) said in its analysis proposals for phasing in lower penalty rates for Sundays and holidays...
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McManus poaches FSU asst secretary
The Finance Sector Union of Australia (FSU) has today revealed national assistant secretary Geoff Derrick will leave it to join Sally McManus's team a week after she was elected secretary of the Australian Council of Trade Unions ( WF 16/3/2017 ). FSU national secretary Julia Angrisano said:“Geoff Derrick has made an enormous contribution to ...
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Perth hospital rally ends in multiple fines
The Federal Court has fined more than 50 construction workers who took unprotected industrial action at the children's hospital project in Perth in 2013. Justice Michael Barker fined 53 workers $1,300 each for attending a Construction Forestry Mining Energy Union (CFMEU) rally. The maximum penalty was $10,200 each. The Australian Building and Const...
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Witness deal undermined ABCC case
A deal with a former union official facing jail weakened the Australian Building and Construction Commission's (ABCC) case against the Construction Forestry Mining Energy Union (CFMEU), the Federal Court has found ( WF 22/3/2017 ). Seven ACTU CFMEU officials faced fines of more than $1m over allegations they breached industrial laws for blockading ...
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No joy for CFMEU in belated attempt to intervene in Jellinbah agreement
The Fair Work Commission has quashed an 11th-hour attempt by the Construction Forestry Mining Energy Union (CFMEU) to intervene in an agreement covering road haulage crews at the Jellinbah and Yarrabee coal mines in Queensland's Bowen Basin. Opposing CFMEU intervention in the LCR Jellinbah/Yarrabee Haulage Projects Enterprise Agreement 2016, employ...
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