WFD: Aerocare has hit back at union claims its proposed enterprise agreement (EA) did not pass the better off overall test (BOOT) and was confident the proposal to be voted on from Saturday (April 15) was likely to succeed ( WF 7/4/17 ). The company also slammed Transport Workers' Union (TWU) claims it enlisted an industrial relations consultancy t...
Aerocare EA to be voted on over Easter
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CFMEU fails to block WorkPac ballot of coal industry labour hire workers
WFD: The Fair Work Commission has tossed out a Qld Construction Forestry Mining Energy Union mining & energy division (CFMEU) application to block WorkPac's ballot of labour hire workers it employed in the coal industry. The employer ballot will now go ahead on April 10, after floods in Brisbane delayed the original one. The CFMEU argued WorkPa...
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Manager cops $1k fine for obstructing union
WFD: The Federal Circuit Court has fined a manager $1,000 for preventing a Construction Forestry Mining Energy Union (CFMEU) official exercising right-of-entry (RoE) to speak to a worker over a suspected safety breach. Judge Michael Jarrett found Hudson Square Project Site project manager Peter Zardo contravened s502 of the Fair Work Act (FW Act) w...
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BOOT undertaking requires enforceable entitlement: bench
WFD: A Fair Work Commission (FWC) full bench has quashed the approval of the Beechworth Bakery Employee enterprise agreement (EA) because an undertaking made to address concerns it did not pass the better off overall test (BOOT) was “erroneous”. The bench agreed with Shop Distributive Allied Employees Union (SDA) the undertaking did not...
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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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Worker ‘effective inconvenience' to break DHS deadlock
WFD: Community Public Sector Union (CPSU) members are about to unleash two full weeks of strikes at the Department of Human Services (DHS) in a push to end the three year enterprise agreement stalemate with the Federal Government, the union has warned. Strikes will be longer than others held to date - with the exception of April 13 which will be an...
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Family violence workforce census launches
WFD: Employees in industries aimed at curbing family violence will participate in a survey to better understand the challenges they face, the Victorian Government has said. Census to inform family violence industry plan The census (above) , open until May 5, will inform the govt's first family violence industry plan to be unveiled in December 2017....
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‘Ambushed' MUA takes Patrick to FWC: union
WFD: A dispute is threatening the industrial peace between Maritime Union of Australia (MUA) and Patrick Stevedores, the union has said. MUA has taken Patrick to Fair Work Commission (FWC) conciliation today (April 10), arguing the company contravened the enterprise agreement (EA) and award by not consulting it when the stevedore opened a non-union...
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Happy Easter
WF and WFD will not be published tomorrow (Good Friday) or next week. Enjoy the holiday. Our next edition will be on Monday, April 24 with no issue on Anzac Day (the 25 th ) and publishing to re-start on Wednesday, April 26.
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FWC revolving door spins again
The Fair Work Commission has lost another senior member after Senior Deputy President Lea Drake resigned yesterday (April 12). SDP Drake, who headed up the manufacturing & building industry panel with Deputy President Val Gostencnik, has joined the NSW Law Enforcement Conduct Commission (LECC) as Commissioner of Integrity. The LECC was expected...
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Settings need to change to stamp out exploitation: FWO
Exploitation of vulnerable workers could not be eradicated under current statutory settings, the Fair Work Ombudsman (FWO) has told a Senate inquiry hearing. FWO Natalie James told the Senate Education and Employment Legislation Committee that, to “put it simply, exploitation cannot be stamped out if the settings remain the same”. ̶...
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Vulnerable worker's bill ignores clear areas of exploitation
Failing to includeadverse action and sham contracting among theFair Work Amendment (Protecting Vulnerable Workers) Bill 2017's ‘serious contraventions' was a “serious omission”, two leading labour law academics have said. The Centre for Employment and Labour Relations Law's (CELRL) Drs Tess Hardy and Joo-Cheong Tham said there was...
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CFMEU demands South 32 acts after lodge president suspended
Construction Forestry Mining Energy Union (CFMEU) national president Tony Maher has called for resources giant South 32 to get involved after one of its subsidiaries suspended a union lodge president. Illawarra Coal Appin mine suspended district lodge president Dave McLachlan over a protest meeting that went a few minutes into a shift. CFMEU NSW So...
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Full-time employment strengthening after falls: ABS
Employment increased in March by 16,500 to 12,033,400, according to the Australian Bureau of Statistics trend estimates in its labour force data released today. That meant total employment growth over the past year was just 1.0% - well down on the 1.8% average of the past 20 years, ABS said . “We have seen strengthening in full-time growth ov...
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Workers face $30m wages loss over Easter: McManus
Australian Council of Trade Unions (ACTU) secretary SallyMcManus has urged politicians to support a Labor Party bill to Parliament stopping penalty rate cuts to retail, hospitality, and fast food workers' wages. McManus told a press conference in Melbourne on press day workers will lose $30m in wages over the three Easter public holidays. Workers c...
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Driver wins safety sacking appeal as no proof he was nonchalant
A Fair Work Commission (FWC) full bench has upheld a forklift driver's appeal against a finding he was fairly dismissed because the primary decision had failed to consider whether he breached safety policies relating to an alleged near miss. The bench - Vice President Joe Catanzariti, Deputy President Anne Gooley and Commissioner Michelle Bissett -...
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Union MSD claim would produce ‘absurd outcomes'
The Fair Work Commission has dismissed a union application for a majority support determination so workers at a Hunter Valley mine could bargain for a separate agreement to their colleagues at a site nearby because the existing EA covering both groups did not expire until 2018. Commissioner Tony Saunders found the Construction Forestry Mining Energ...
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Corruption oversight should be broadened
That the Federal Government's response to the Trade Union Royal Commission (TURC) exclusively targetted union corruption rather than creating a body with a wider remit was “troubling”, University of Adelaide law Professor Andrew Stewart said in a Senate inquiry submission . The Fair Work (FW) Amendment (Corrupting benefits) Bill present...
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Federal EAs wage increases decline
WFD: Annual wage increases in federal enterprise agreements (EA) declined in the December 2016 quarter, new employment department figures show. The Trends in Federal Enterprise Bargaining December Quarter 2016 report showed the average annualised wage increase was 3.1% for the 1,016 agreements approved in the December 2016 quarter, down 0.2% on the...
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Award changes must give ‘principle consideration' to women: VTHC
WFD: The Fair Work Commission (FWC) decision to cut public holiday and weekend penalty rates will increase insecurity for women, Victorian Trades Hall Council (VHTC) told a Vic Parliament Inquiry into Penalty Rates and Fair Pay today (April 26). The inquiry is investigating the economic, and social impact and cost of the FWC's decision to cut penal...
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