A Fair Work Commission (FWC) full bench will refer questions of law to the Federal Court after former vice president Graeme Watson's departure left a full bench matter on domestic violence leave in limbo ( WF 5/5/17 , 28/4/17 ). FWC President Justice Iain Ross said the Federal Court action could provide certainty for the outcome of whether to intro...
Federal Court to review domestic violence leave matter
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Full Ct rejects claim no RoE breach as entry down to ‘industrial muscle'
The Full Court of the Federal Court has tossed out Construction Forestry Mining Energy Union (CFMEU) argument the union and its officials could not be prosecuted for right-of-entry breaches at Adelaide sites because none of them had given the required notice to trigger the action. Appealing a single judge's finding the union and its officials breac...
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TWU collaborates on mental health with beyondblue
More than 22% of truck drivers have experienced mental health issues, a survey conducted by the Transport Workers' Union (TWU) has found. The survey results led senior union members to commit to a mental health plan in partnership with not-for-profit organisation beyondblue at the TWU's national council in Fremantle on Monday (May 15).Announcing th...
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Govt takes RTBU to Supreme Court
WFD: The NSW Government has lodged Supreme Court proceedings against the Rail Tram and Bus Union (RTBU) over yesterday's (May 18) strike by inner-city bus drivers. The application seeks penalties against the RTBU for alleged breaches of two NSW Industrial Relations Commission orders the 1,200 drivers return to work. In a statement, the RTBU said it...
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Editorial Team
Editor: Steve Andrew. Managing Editor: Peter Schwab. Contact: Phone (02) 8587 7681, email peter.schwab@thomsonreuters.com.
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CFMEU organiser loses bid for protection from self-incrimination
In a novel case, a union organiser has lost a bid to seek protection from having to answer his own counsel's questions about building industry watchdog claims because he believed doing so might “incriminate” him. The Australian Building and Construction Commissioner (ABCC) was seeking remedies in relation to alleged contraventions by th...
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AWU fails to thwart adverse action claim
A Federal Court judge has knocked back an Australian Workers' Union (AWU) bid to toss out a Fair Work Ombudsman (FWO) claim alleging the union took adverse action against two members for refusing to participate in industrial action. The FWO claimed the AWU and Victorian branch secretary Ben Davis took “unjustifiable disciplinary action”...
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NSW Coalition has privatised $53bn of state assets
NSW has privatised $53bn in public services and assets since 2011 when the Coalition came to government, according to research by the NSW Parliamentary Library. The figures show the govt has privatised $53bn in public services and assets, from the Ports of Botany and Newcastle ( WF 17/04/2014 ) to the 'poles and wires' ( WF 2/04/2015 ) and last mon...
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FWC allows SDA to amend appeal in Aldi case
In the latest step in the controversial Aldi case about prospective employees voting on enterprise agreements (EA), a full bench has granted the Shop Distributive and Allied Employees Association (SDA) leave to amend its appeal grounds. The Fair Work Commission (FWC) bench -Vice President Joe Catanzariti, Deputy President Geoff Bull and Commissione...
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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: Peter Schwab Twitter: @WorkforceTR
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CFMEU organiser loses bid for protection from self-incrimination
In a novel case, a union organiser has lost a bid to seek protection from having to answer his own counsel's questions about building industry watchdog claims because he believed doing so might “incriminate” him. The Australian Building and Construction Commissioner (ABCC) was seeking remedies in relation to alleged contraventions by th...
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Rise of EA terminations heightens need for reform
The sharp increase in enterprise agreement (EA) terminations has heightened the need for mandatory protections to prevent employers taking advantage of a changing business environment to unfairly slash workers' conditions, an employment lawyer has warned. Maurice Blackburn principal Giri Sivaraman told Workforce Daily a surge in EA terminations in ...
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Employer EA termination power drives two-tiered system at Coates
Coates Hire workers have voted up an enterprise agreement (EA) cutting new employees' conditions after the company told them it might otherwise apply to the Fair Work Commission (FWC) to terminate the current one. Australian Manufacturing Workers' Union national assistant secretary Glenn Thompson told Workforce Daily he was bitterly disappointed af...
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New Approaches approach resolves complex, and nasty, matters
The Fair Work Commission (FWC) New Approaches jurisdiction's less adversarial methods have resolved disputes and breathed life into a function that “harked back” to the cmn's conciliation and arbitration role, a senior FWC member told a Melbourne gathering last night. Under President Justice Ian Ross's leadership, the FWC decided to ...
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Senate cttee agrees to FWC amendment
A Senate inquiry committee has agreed to a Fair Work Commission (FWC) request to gain the retrospective power to overlook bargaining notice errors. The Senate Education and Employment Legislation Committee report released yesterday recommended the Fair Work Amendment (Repeal of the 4 Yearly Reviews and Other Measures) Bill be passed subject to the ...
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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: Peter Schwab Twitter: @WorkforceTR
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Worker wins reinstatement despite use of highly offensive term
The Fair Work Commission (FWC) has found a worker who made an Aboriginal colleague's blood boil when he used the word “gin” in telling a story about a sexual encounter was unfairly dismissed. Commissioner Bruce Williams ordered Chevron Australia Pty Ltd to reinstate senior production technician Robert Solin because it had failed to cons...
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Bench allows EA application despite absence of work contract
Thiess was entitled to apply for an enterprise agreement (EA) at a new mine site despite not having a contract to work at the site, a Fair Work Commission full bench has found. Commissioner Julius Roe earlier refused to approve the EA, finding it did not cover the three Thiess employees who voted it up because Thiess had no contract to work at the ...
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Fletcher stand-off ends after 96 days
Workers have ended a marathon strike at Fletcher Insulation after the company acquiesced to its demands for better conditions in order to resolve the protracted dispute. Fletcher employees were expected to resume work tomorrow (May 25) after 96 days of industrial action in response to the company's proposed enterprise agreement (EA) that they claim...
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Labor vows to crack down on phoenix activity
Tighter protections for employee entitlements and harsher penalties against unscrupulous directors underpin the federal Labor Party's plan to tackle phoenix activity that strips billions of dollars from the Australian economy. Labor today unveiled its policy to assign directors a unique identification number with a 100-point identification check. T...
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