WFD: 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 pr...
FWC examines how far undertakings can change EA
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Govt calls in unions and employers to design labour hire licenses
WFD: 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 ...
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Govt sides with employers on take-home pay orders
WFD: 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. Take-home pay order power limited in scope In its submission to the FWC, the govt said take-home pay orders could only be exercised as c...
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Diary
National Manufacturing Summit: June 21 in Canberra. More info here . NexGen 2017 : June 26-28, International Convention Centre, Darling Harbour, Sydney, More info here .
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Endeavour Energy workers snub employer enterprise agreement
WFD: Endeavour Energy workers have voted down an employer-offered enterprise agreement, with a 78% “no vote” recorded in a ballot count last week (March 23). The ballot saw the company bypass the United Services Union (USU) and go direct to workers, in an attempt to end a long-running impasse over pay and conditions. However, in what th...
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Editorial Team
Editor: Annie Lawson (03) 8684 2127, 0422 567 004, annie.lawson@tr.com Chief Journalist: Gerard May Journalist: Steve Andrew Managing Editor: Peter Schwab Twitter: @WorkforceTR
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FWC presidential members hit the jackpot early
The “vast majority” of Fair Work Commission (FWC) presidential members resigned after becoming eligible for the maximum judges' pension and before they reached retirement age, a Senate Estimates hearing has heard. FWC President Justice Iain Ross told the Education and Employment Legislation Committee hearing last night (March 30) that o...
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Many ATO workers surprised by ASU's in-principle EA deal: CPSU
The Australian Services Union (ASU) has given in-principle support to an Australian Tax Office (ATO) enterprise agreement (EA) proposal despite it not being finalised or shared with its members. Fellow ATO EA union bargaining representative Community Public Sector Union (CPSU) has said tax office staff were “not stupid” and many would b...
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PC pushes for no default super in awards
The Productivity Commission (PC) has recommended default superannuation be extricated from the industrial awards after examining four proposed models for a new system. In a draft report released this week, the PC recommended the default super system be simplified through streamlining product choice and strengthening comparable information. This wou...
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Catholic schools to vote on strikes
Catholic teachers and support staff at schools across NSW and ACT look set to strike in May 2017 over wages and conditions. At a March 18, 2017 meeting, the Independent Education Union's (IEU) Council authorised the calling of protected industrial action, including part and full day stop work action, on a diocese by diocese basis. It follows four m...
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SDA wins full bench delay on penalty cut
A Fair Work Commission (FWC) full bench has decided todelay its planned cuts to fast food workers' evening penalty rates until July 1, 2017. On February 23, 2017, the bench decided to reduce from 9pm-12am to 10pm-12am the span of hours for which a 10% loading applied as set out in clause 25.5(a)(ii) of the Fast Food Award.It had said it intended th...
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‘Unique' circumstance leads union to company documents win
The Electrical Trade Union(ETU) has gained access to an employer's documents that could place it ina strong position ahead of potential legal proceedings thanks to an “underused mechanism” at Federal Court, a leading employment law firm has said. Hall Payne Lawyers said it used “pre litigation discovery” to win access to Mai...
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Long-term manager fairly fired for damaging email remarks: FWC
The Fair Work Commission (FWC) has found a manager who sent a “highly offensive” email to her company's clients was fairly dismissed despite never being warned for misconduct. Senior Deputy President (SDP) Jonathan Hamberger found Cosmetic Suppliers Pty Ltd key accounts manager Georgia Sologinkin was fairly dismissed because her email d...
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Employers, unions divided over youth unemployment panacea
Unions and the Labor Party have attacked the Federal Government's much touted $752m paid internship program that launched today for fear it will displace paid jobs and exploit young people. At the same time, peak employer groups have backed the program aimed at equipping 120,000 job seekers with the skills needed to secure paid work. In a joint rel...
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Campaign finds compliance lapses with apprentices
One in three businesses failed to pay apprentices their correct wages, a Fair Work Ombudsman (FWO) audit has revealed. The audit of 2,266 apprentices in 822 businesses in the two years to June 2016 showed 264 businesses (32%) had failed to pay their apprentices correctly and 178 businesses (22%) breached record-keeping and payslip requirements. The...
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Director who called FW communists fined for not complying with order
The Federal Circuit court (FCC) has fined an engineering company and one of its directors more than $25,000 after it ignored a Fair Work Ombudsman (FWO) order to compensate a worker the company had unfairly dismissed. In 2015, FWO ordered Monochromatic Engineering Pty Ltd t/a MCE Lasers, to pay Iranian and 457 worker Jahangir Farzady $27,124 plus s...
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Editorial Team
Editor: Annie Lawson (03) 8684 2127, 0422 567 004, annie.lawson@tr.com Chief Journalist: Gerard May Managing Editor: Helen Jones Twitter:@WorkforceTR
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Bench decides severity of flight attendant's conduct not outweighed
A Fair Work Commission (FWC) full bench has found a Qantas Airways Ltd flight attendant was not unfairly dismissed after rehearing the appeal matter and determining it on the papers. It follows the same bench in January overturning Deputy President Jeff Lawrence's decision that had awarded more than $33k to flight attendant David Dawson. The long-h...
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UV hails shift penalty win for guards
United Voice (UV) has rejoiced blocking a major security company from what the union sees as “cutting” an “essential” part of their employees' take-home pay worth “thousands of dollars each year”. On March 29, the Fair Work Commission (FWC) ordered Wilson Security Pty Ltd could not stop applying 20% afternoon shi...
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New CFMEU exec officer granted RoE without bending to FWC rule
The Fair Work Commission (FWC) has found its regulatory compliance branch (RCB) director's new “general rule” that right-of-entry (RoE) applicants undertake training within three months from application should not be applied rigidly. Senior Deputy President (SDP) Jonathan Hamberger decided new Construction Forestry Mining Energy Union (...
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