The Federal Circuit Court has found a mine licence holder did not commit adverse action when it instructed a contractor to stop using a worker who had complained about safety after accepting it was concerned about her driving ability. However, in an important examination of contractual relationships, the court dismissed the licence holder's argumen...
No breach by mine that told contractor to remove safety raiser
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Full time jobs increased for ninth month in a row: ABS
Employment increased in June by 26,400 to 12,160,100 -driven by a growth in full-time jobs, according to Australian Bureau of Statistics (ABS) trend estimates in its labour force data released today. ABS found that in June, unemployment decreased 3,700 to 726,800; the participation rate remained steady at 64.9%, and monthly hours worked in all jobs...
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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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‘Cold sweat' may be over as ACTU claims 40% membership growth
The Australian Council of Trade Unions (ACTU) has said the number of workers to inquire about joining a union has risen 25% in the first six months of 2017 compared to the same time in 2016. The peak body made the membership announcement as Opposition leader Bill Shorten was set to meet the ACTU executive on Wednesday (July 19). An ACTU spokesperso...
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Stuart Diver co-worker loses unfair dismissal bid
WFD: A ski instructor who reported to Thredbo landslide survivor Stuart Diver has lost his unfair dismissal bid because the Fair Work Commission (FWC) found he was never fired. Kosciuszko Thredbo Pty Ltd did not reemploy Jason Bosley for the 2017 ski season despite him having worked for it full time as a seasonal employee in its ski patrol team for...
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Role's disappearing in restructure did not justify refusal to work: IRC
WFD: The NSW Industrial Relations Commission has found a public sector agency had a valid reason to fire an employee because she refused to work. Sophia McGinn argued Family and Community Services (FACS) couldnot fire her because the Government Services Employment Act 2013 s47(1)(f) only enables dismissal for refusing to work of those in “ong...
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Rainy days ahead as strikes set to start at Bureau of Meteorology
WFD: Bureau of Meteorology (BOM) workers were to launch three weeks of industrial action kicking off on Thursday (July 20) in their fight to win a fair enterprise agreement (EA), the Community and Public Sector Union (CPSU) has said. The action will include rolling strikes during the afternoon or mornings and a ban on providing weather forecasts to...
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Federal Court sets out union liability for their officials' RoE breaches
WFD: In an important decision on union liability for permit holders right of entry (RoE) breaches, the Federal Court has upheld a building industry watchdog claim the Construction Forestry Mining Energy Union (CFMEU) had accessorial liability under Fair Work Act s550 for the action of two officials who breached RoE provisions at a SA construction s...
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FWC clarifies why employee could work on carer's but not sick leave
WFD: The Fair Work Commission (FWC) has rejected an employee's unfairly dismissal claim because he refused to tell his employer what additional hours he worked for his private business, which it needed to ensure he was not fatigued and endangering his and his co-workers' safety. However, Commissioner Jennifer Hunt said Wilmar Australia Pty Ltd did ...
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Only unions can hold bosses to account for wage theft: Unions NSW
WFD: Analysis of foreign language job ads shows the current approach to stamping out the underpaying of culturally and linguistically diverse workers has failed so the unions must be empowered to audit pay records of businesses even if they do not have union members, Unions NSW has said. NSW's peak union body said its audit of job advertisements on...
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Weakening unfair dismissal laws ‘disconnected with reality': FWC
WFD: In a case a long-time Fair Work Commission (FWC) member said shows why unfair dismissal laws protections cannot be diminished, an employer treated an employee like a “dirty rag” when it sacked her by phone, claiming she could not meet the inherent requirements of her job. Commissioner Ian Cambridge said cleaning services providerCo...
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Union SA power network campaign sparks political building code blue
WFD: The Communications, Electrical and Plumbing Union (CEPU) SA branch has launched a state-wide campaign today (July 17) against the decision the Building Code covers SA Power Networks (SAPN) construction and maintenance services division employees ( WF 19/6/2017 ). CEPU state secretary John Adley said the code would “undermine job security...
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Supervisor query about worker disability not bullying: FWC
WFD: The Fair Work Commission (FWC) has found a Bunnings Warehouse supervisor did not bully her subordinate despite an independent report concluding her references to his disability were inappropriate and unreasonable. Dismissing an application for a stop bullying order, Commissioner David Gregory said John Krnjic, who worked part-time in Bunnings'...
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No joy for NatRoads in attempt to register as NSW employer body
WFD: The NSW Industrial Relations Commission has tossed out an attempt by the National Road Transport Association (NatRoads) to register as an employer organisation in the state system. Both the Transport Workers Union and the Australian Road Transport Industrial Organisation NSW Branch strongly opposed NatRoads' application. Ruling against the bid...
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Labor commends JB Hi-Fi for maintaining penalty rates
WFD: The Labor Party has praised JB Hi-Fi's decision to maintain penalty rates for its employees despite the introduction of cuts to Sunday and public holiday rates from July 1 ( WF 5/6/17 ). Shadow employment minister Brendan O'Connor commended the retailer for having “put their workers first, refusing to cut staff penalty rates”. R...
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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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Diary
Foenander lecture 2017: Migrant workers, gig workers and the role of competition law in labour markets, August 28,Copeland Theatre, Melbourne. More info here International Mining and Resources Conference, October 31- November 2, Melbourne Convention & Exhibition Centre. More info here Future of Work Conference, November 28, University of Melbou...
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Wages and jobs inequality a ‘defining mission' for a Labor govt
Tackling growing inequality in areas such as wages, job security and bargaining would be the Labor Party's “defining mission” if it wins government, Opposition leader Bill Shorten told a conference in Melbourne today. Speaking at the Economic and Social Outlook conference, Shorten warned inequality posed the “biggest threat to our...
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ABCC loses Fed Court matter over RoE loophole
In a case that highlights a significant loophole in right of entry laws (RoE), the Federal Court has found two Construction Forestry Mining Energy Union (CFMEU) officials did not breach RoE laws during a series of visits to Victorian construction sites. Justice Mordy Bromberg dismissed the Australian Building and Construction Commissioner's (ABCC) ...
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Manager wins unfair dismissal after workers colluded against him
A duty manager has won more than $27k after being unfairly dismissed because the Fair Work Commission (FWC) found “self serving” co-workers colluded in complaints about him, including he paid for sex with girls in Thailand. Commissioner Michelle Bissett found South Oakleigh Club unfairly dismissed duty manager Andrew Gillmore. She held ...
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