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Federal Court lifts injunctions on CFMEU at Hutchinson building sites

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The Federal Court has lifted injunctions preventing the Construction Forestry Mining Energy Union (CFMEU) and its officials disrupting work at Hutchinson Builders sites in Brisbane ( WF 29/9/16 ). The October 2016 injunctions came after the CFMEU organised a series of strikes at the sites. The court heard the dispute between the CFMEU and Hutchinso...

Editorial Team

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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

Aurizon appeal thwarted over ‘classification creep'

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A Fair Work Commission (FWC) full bench has tossed out an appeal by Australia's largest freight operator against a finding that rail shunters should not perform unpaid extra duties normally assigned to more senior drivers. The dispute centred on whether efficiency provisions in enterprise agreements (EAs) allowed for unpaid extra duties ( WF 28/09/...

CFMEU officials guilty of coercion after shutting down Barangaroo site

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Senior NSW Construction Forestry Mining Energy Union (CFMEU) officials including state secretary Brian Parker have been found guilty of coercion after shutting down a Barangaroo building site in support of a suspended member ( WF 26/2/16 ). A decision on penalties has yet to be made. In the statement of claim filed in the Federal Court, Australian ...

Bullying matter extends worker definition to board members

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A former chairman of an Aboriginal land rights corporation who accused his colleagues of “shocking episodes” of repeated bullying was deemed to be a worker and therefore eligible to apply for a stop bullying order. In a decision giving board members the green light to pursue bullying claims, the Fair Work Commission (FWC) nonetheless di...

FWC blocks CFMEU industrial action due to safety risks

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The industrial tribunal has blocked the mining union from taking industrial action because as its notice did not specify when it would start the employer was unable to take appropriate defensive action to ensure safety. However, the Fair Work Commission (FWC) rejected Mangoola Coal Operations Pty Ltd's calls for other details of the intended action...

Stiff penalties back Qld labour hire licensing scheme

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The Queensland Government has today introduced to Parliament legislation to create a mandatory labour hire licensing scheme to tackle worker exploitation and mistreatment ( WF 2/05/17 ). Industrial relations minister Grace Grace said a licensing scheme was the only option to curb widespread rorting and exploitation of workers. “Our mandatory ...

Editorial Team

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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

Aged care agreement varied to remove ambiguity

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A Fair Work Commission full bench has varied the Aged Care Services Australia Group Pty Ltd (ACSAG) Nurses and Aged Care Employees Enterprise Agreement 2014 to remove ambiguity over the start of a coverage clause. ACSAG sought the variation after an earlier variation order by Deputy President Nicole Wells limited the agreement to ACSAG's Tasmanian ...

Labor vows to crack down on phoenix activity

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WFD: 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. Unique ID number to track directors Labor today unveiled its policy to assign directors a unique identification number...

Federal Court lifts injunctions on CFMEU at Hutchinson building sites

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WFD: The Federal Court has lifted injunctions preventing the Construction Forestry Mining Energy Union (CFMEU) and its officials disrupting work at Hutchinson Builders sites in Brisbane ( WF 29/9/16 ). The October 2016 injunctions came after the CFMEU organised a series of strikes at the sites. The court heard the dispute between the CFMEU and Hutc...

Sex story worker wins reinstatement after company ignored key evidence

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WFD: The Fair Work Commission (FWC) has found a worker who made an Aboriginal colleague'sblood 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 ...

Employer EA termination power drives two-tiered system at Coates

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WFD: 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 disappoint...

Rise of EA terminations heightens need for reform

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WFD: 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 termination...

New Approaches approach resolves complex, and nasty, matters

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WFD: 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 t...

AWU fails to thwart adverse action claim

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WFD: 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...

Senate cttee agrees to FWC amendment

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WFD: 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...

CFMEU organiser loses bid for protection from self-incrimination bid

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WFD: 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. ABCC claims union attempted to coerce contractor The Australian Building and Construction Commissioner (ABCC) was seekin...

FWC allows SDA to amend appeal in Aldi case

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WFD: 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 Commis...

Diary

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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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