WFD: The WA Industrial Relations Commission (WAIRC) has dismissed an appeal against a decision reinstating a transit officer who used capsicum spray to subdue an intoxicated and aggressive teenager. Upholding the original reinstatement order by Acting Senior Commissioner Stephen Jenner, the full bench - Acting President Jennifer Smith, Chief Commis...
Cmn upholds reinstatement of officer who used spray on teen
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NSW Labor unveils plan to criminalise wage theft
WFD: NSW Labor has vowed to crack down on employers who deliberately exploit staff by making it a criminal offence to underpay workers if it won government. The move comes as federal Labor is expected to reveal proposed reforms to tackle intentional and systemic underpayment of workers, greater labour hire regulation and a crackdown on sham contrac...
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Unions slam employer push to widen penalty rate cuts
WFD: Unions have condemned a Clubs Australia (Industrial) (CAI) submission to the Fair Work Commission (FWC) to reduce penalty rates for clubs workers ( WF 28/7/17 ). On Friday (July 28), CAI argued in its submission the Registered and Licensed Clubs Award should be revoked and workers transferred to the Hospitality Industry (General) Award. The FW...
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Few EA meetings pass PABO test when ‘time is of the essence'
WFD: The Fair Work Commission (FWC) has granted a protected action ballot order (PABO) to the Construction Forrest Mining Energy Union (CFMEU), noting “time is of the essence” given the underground mine was scheduled to close shortly. Commissioner Tony Saunders granted the CFMEU the PABO at Bulga Underground Operations Pty Limited, one ...
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FWC delays bid to terminate Coles EA
A Fair Work Commission (FWC) full bench has delayed a hearing into a bid by Coles nightshift worker Penny Vickers to terminate the supermarket chain's 2011 enterprise agreement (EA). The bench granted Ms Vickers an extra five weeks to file evidence in support of her application after it pushed back hearings scheduled in October. Vickers applied for...
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CFMEU fired up over big project EA signed up by three workers
WFD: The Construction Forestry Mining Energy Union (CFMEU) has said it will attempt to work with the new WA Labor government to “significantly improve” pay and conditions of workers on the Forrestfield- Airport link project. The workers have been on minimum pay rates after the former Colin Barnett WA Liberal govt awarded the project to ...
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Diary
Company Law's Role in Labour Law's Problems : Aug 22, University of Melbourne. More info here 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 & ...
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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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Proposed MUA-CFMEU super union hits road block in the FWC
Employers have told the Fair Work Commission (FWC) on press day, Construction Forestry Mining Energy Union (CFMEU), Maritime Union of Australia (MUA) and Textile Clothing and Footwear Union (TCFUA) applications to ballot their members for an amalgamation were invalid. Deputy PresidentValGostencnik adjourned the application until August 17, so the p...
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Cricketers' assoc says deal reflects power of collective
At 4.30pm on Thursday (August 3) two tired looking cricket organisation CEOs presented the warring parties' in-principle agreement, the centre-piece of which was that the players had retained the revenue-sharing model that under-pinned their payments. All players would be back-paid to July 1. The deal means the players will share in up to 30% of ag...
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Deadline set for domestic violence leave matter
A Fair Work Commission (FWC) full bench has set a September 1 deadline for submissions on whether unpaid family and domestic violence (FDV) leave should be included in all modern awards. The bench - President Justice Iain Ross, Deputy President Anne Gooley and Commissioner Paula Spencer - yesterday (August 3) issued a statement that included sugges...
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Employer left with costs despite on/off claim unlikely to ever win
An employer has failed in its costs bid against a worker who resigned in the face of bullying claims and signed a deed of release only to then claim constructive dismissal but discontinue it just days before the hearing. Baxter Healthcare argued Andrew Portelli's claim was clearly vexatious given it would have been obvious he had no chance of succe...
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CFMEU official fined $25k for contempt
The Federal Court has fined a former Construction Forestry Mining Energy Union (CFMEU) lodge official $25,000 for contempt for failing to comply with an order to search his home as part of a bitter dispute with AGL Energy. Justice David O'Callaghan found it was established beyond reasonable doubt that Greg Hardy, ex-CFMEU mining and energy division...
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Cricketers to reveal pay deal
WFD: Australian cricket's protracted pay dispute is over after Cricket Australia (CA) and the players agreed on a peace deal this afternoon. CA and the Australian Cricketers' Association (ACA) signed an in-principle agreement after a final round of talks today. CA said details of the deal and the new five-year memorandum of understanding (MoU) woul...
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Objects of Fair Work Act not considered in protection Bill: ARA
The Australian Retailers Association (ARA) has warned if the Fair Work Amendment (Pay Protection) Bill 2017 is implemented it will accelerate the decline in enterprise agreement (EA) bargaining, harm retail employers and require changes to the Fair Work Act's objects. ARA made the statement in its submission to the Senate Education and Employment C...
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Journalists allegedly underpaid more than $300k
An online news company in regional Queensland is facing the Federal Circuit Court for allegedly underpaying 23 young journalists more than $300,000, the Fair Work Ombudsman (FWO) has said. The regulator took legal action against Touchpoint Media Pty Ltd and company director Laurence Bernard Ward after inspectors found the company had underpaid 23 j...
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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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Min wage boost lifts aggregate wage growth: RBA
Wages are languishing at their lowest share of total income in 50 years as growth in average earnings slumped to its lowest level since the early 1990s, Reserve Bank of Australia (RBA) has cautioned. In a monetary policy statement released last week (August 4), RBA expected employment growth to pick up in the second half of 2017 and produce a gradu...
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Fed Court tosses out alleged ‘bullying' dentist's dismissal claim
The Federal Court has dismissed a dentist's claim his employer engaged in adverse action after it terminated his employment for his “aggressive and domineering” tone towards staff and redirecting mail away from work. Justice Michael Lee found Railway & Transport Health Fund Ltd (RTHF) had the right to dismiss Dr Arnaldo James Avenia...
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Termination of employees for social media misuse would be rare: APSC
The Community & Public Sector Union (CPSU) claims the Australian Public Sector Commission's (APSC) new social media policy puts workers in “hot water” and encourages public servants to be a “cheer squad” for the Federal Government. APS Commissioner John Lloyd released the policy on August 7. He said it “clarifies t...
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