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Staggered penalty rate cuts to cushion blow

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Business groups support the Fair Work Commission's (FWC) provisional view that the Sunday penalty rate cuts be introduced in two tranches to ameliorate the impact on the take home pay of hospitality, retail and pharmacy workers as the deadline for submission on the matter closed today. Australian Small Business and Family Enterprise Ombudsman Kate ...

RBA maintains concerns over labour market momentum

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“The labour market had not been quite as strong as the headline employment and unemployment rate figures had indicated” but spare capacity “was expected to decline slowly as momentum in the economy built”, according to the March Reserve Bank (RBA) board minutes . As spare capacity, ie the number of people looking for work or...

Cop's blind eye to cannabis use not a sackable offence

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A NSW Industrial Relations Commission full bench has upheld the reinstatement of a police sergeant accused of turning a blind eye to cannabis use at a police rugby league team reunion. Video footage cited in the hearing allegedly showed Sergeant Roderick Morris and others consuming hash cookies in an apartment. The Police Commissioner suspended and...

Bench throws out CFMEU claim workers replaced for ‘lower cost'

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The Federal Full Court has dismissed a Construction Forestry Mining Energy Union (CFMEU) appeal against an order that part of its statement of claim (SOC) against big mining contractors be struck out ahead of its upcoming adverse action case. The Full Court - Justice Geoffrey Flick, Daryl Rangiah and Andrew Greenwood - upheld Justice Berna Collier'...

Appetite ‘not there' for federal regulatory reform for gig workers

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A lack of federal will has stalled much-needed regulatory reform aimed at extending entitlements and protections to gig economy workers, an outgoing senior Fair Work Commission (FWC) member has said. Senior Deputy President Jennifer Acton, who last week announced her resignation from the FWC, said she had observed “little discussion” ab...

FWC examines how far undertakings can change EA

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A raft of undertakings Sodexo Australia has made has persuaded the Fair Work Commission to reject union claims an enterprise agreement (EA) failed the better-off-overall-test (BOOT), after finding its proposals overall “provide greater clarity regarding the operation of the provisions and is advantageous to employees”. Analysing previou...

Govt calls in unions and employers to design labour hire licenses

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The Victorian Government has revealed it is consulting unions and employers on the design of its labour hire licensing scheme to “protect” some of the state's most vulnerable workers from exploitation. In October 2016, the govt announced it would establish a licensing scheme to stop exploitation uncovered by RMIT professor Anthony Forsy...

Govt sides with employers on take-home pay orders

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The Federal Government has agreed with employers that the Fair Work Commission (FWC) lacked the necessary powers to use take-home pay orders to cauterise workers' pay losses from cuts to Sunday penalty rates. In its submission to the FWC, the govt said take-home pay orders could only be exercised as compensation to employees for pay cuts as a resul...

Editorial Team

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Editor: Annie Lawson (03) 8684 2127, 0422 567 004, annie.lawson@tr.com Chief Journalist: Gerard May Managing Editor: Peter Schwab Twitter: @WorkforceTR

Court hits ‘slavery' employer with $227k fine

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The Federal Circuit Court (FCC) has fined a labour hire company and its director $227,300 for “serious exploitation” of foreign workers. Judge Michael Jarrett found 22 Vanuatu seasonal workers were “lured” to work in Australia in 2014 by Maroochy Sunshine Pty's sole director Emmanuel Bani and had been underpaid a total of $7...

VP Watson's withholds draft domestic violence decision

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An internal memo the Fair Work Commission (FWC) released today has revealed ex-vice president Graeme Watson refused to hand over his conclusion on the Australian Council of Trade Unions' claim for a domestic violence leave clause as part of the four-yearly modern award review. In the March 23, 2017 memo to President Justice Iain Ross, Senior Deputy...

Hard for employer to claim foul after agreeing to water-down restraint

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A Supreme Court case shows how an employer's attitude back-fired on it after it went easy on a manager who told it they intended going into business for themselves in the same field. Rather than sticking by the employment contract's six-month ban on any form of competition, school uniform manufacturer and importer Georges Apparel offered business d...

Awards targeted for plain language rewrite

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The Fair Work Commission (FWC) has earmarked another 10 modern awards in need of a plain language redraft. The aged care, building and construction general on-site, children's and cleaning services awards are among those to be included in the second tranche of awards as part of the FWC's plain language project. Others include: the fast food industr...

FWC paves way for bullying matter

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The Fair Work Commission (FWC) has allowed an employee to proceed with her anti-bullying case after ruling her employer was a constitutionally-covered entity. The employer, youthconnections.com.au, disputed it was a trading entity because it was registered with the Australian Charities and Not-for-Profits Commission. However, Senior Deputy Presiden...

Youth underemployment peaks

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Underemployment among young people has soared to its highest level in 40 years since recording of such data began, a Brotherhood of St Laurence report has found. About 18% or 377,000 of young workers aged 15-24 were underemployed and 13% or 282,000 were unemployed. The report said underemployment had “become an entrenched feature of the youth...

Editorial Team

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Editor: Annie Lawson (03) 8684 2127, 0422 567 004, annie.lawson@tr.com . Chief Journalist: Gerard May. Managing Editor: Peter Schwab. Twitter:@WorkforceTR

Remarkable why FWO not going harder on employer: Court

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The Federal Circuit Court (FCC) has fined a company that packs chocolates for Cadbury and Mars and one of its directors more than $220,000 for underpaying three vulnerable migrant workers. The FCC said it was remarkable, given the employer's own admissions, that the Fair Work Ombudsmen (FWO) had not investigated the matter further just because no o...

Businesses' rising energy costs limits min wage rise: AiG

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The Australian Industry Group (AiG) has called for a $10.10 a week increase to the national minimum wage and $11.75 to the base trade rate in part because of rising youth underemployment. Youth unemployment, underemployment and falling participation rates “suggest significant pockets of spare capacity are building up” at the lower-skill...

McManus turns to Martin Luther King Jr for breaking unjust laws

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Sally McManus invoked Martin Luther King Jr to defend her controversial comments that she had no problem with breaking unjust industrial laws, in her first National Press Club speech as Australian Council of Trade Unions (ACTU) secretary. In a speech dominated by the increasing imbalance between the rich and working poor, McManus pitched a $45 week...

Bench orders costs be reheard after cmr fails to pass on documents

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A single commissioner erred by failing to provide a sacked worker's representative with relevant documents before making a costs order, a Fair Work Commission (FWC) full bench has found. Ordering the issue of costs be redetermined, the bench - Vice President Joe Catanzariti, Deputy President Anne Gooley and Cmr Katrina Harper-Greenwell - found the ...
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