South Australia should follow Queensland in introducing industrial manslaughter laws, the Greens have urged. Qld has introduced legislation targeting negligent employers through harsher penalties of up to 20 years imprisonment for individuals and $10 million fines for corporate offenders. Qld IR minister Grace Grace said the Work Health and Safety ...
SA should follow Qld on industrial manslaughter
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Aurizon committed adverse action against train driver caring for child
Aurizon subsidiary Australian Western Railroad Pty Ltd's (AWR) decision to cancel a worker's supervisor training and not reinstate it was adverse action after he had refused to work a shift to take care of his baby, the Federal Circuit Court has found. The court heard on October 20, 2012, locomotive driver Brendon Aiberti refused to work a “p...
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Qld Govt approves expanded protections for building subbies
The Queensland Government has introduced stronger protections for building subbies in an attempt to stamp out rogue operators in the industry. The Building Industry Fairness legislation aims to help ensure small and medium construction contractors are paid in full and on time. Introduced yesterday (August 22), the legislation simplifies the payment...
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Worker's bullying claims ‘pattern' showed lack of substance: FWC
The Fair Work Commission (FWC) has dismissed a worker's bullying application because it was her behaviour that had been inappropriate not her managers. Commissioner Chris Simpson found aged care employer UC's state manager VD and supervisor VH had not bullied worker EK because it “is simply not borne out by the evidence”. He said EK's c...
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Worker loses costs claim and must pay two-thirds of employer's bill
The Federal Full Court has dismissed a worker's bid for an employer to pay her costs for an appeal in which she lost her argument for significant damages from a bullying incident and failed to have her payout increased from $580,000 to $1.6m. The court ordered the worker to pay two-thirds ofthe company's appeal costs because its conduct on appeal a...
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Editorial Team
Chief Journalist: Gerard May. Journalist: Steve Andrew. Managing Editor: Peter Schwab, peter.schwab@tr.com and Ph (02) 8587 7681. Twitter: @WorkforceTR
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Glencore extends lockout of Oaky North miners
Mining giant Glencore has fired another salvo in its ‘union-busting' campaigns in Queensland and NSW, locking out Oaky North miners for a further 14 days over enterprise bargaining (EA) demands and blocking EA demands by Hunter Valley miners ( WF 18/8/2017 ). One hundred and ninety Oaky North mine workers were set to return to work on Tuesday...
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No more valid reason for dismissal than threatening to bash MD: FWC
In a sorry saga of disagreement, abuse and violence at a family-run business, the Fair Work Commission (FWC) has dismissed a director's unfair dismissal application because he had threatened to “bash” the managing director - who was also his brother. Senior Deputy President Jonathan Hamberger found it “hard to think of a more vali...
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Bevchain EA talks set to start; Toll and TNT to go to vote
The Transport Workers Union (TWU) will push for improved protections against alleged wage theft by some fleet owners who employ drivers on BevChain contracts under enterprise agreement (EA) talks set to get underway. Alleged wage theft was discussed at a meeting of Transport Workers Union (TWU) delegates from across NSW early this month. Delegates ...
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Commonwealth meat inspector not covered by state retrenchment laws
A Commonwealth meat inspector was not covered by retrenchment provisions outlined in a booklet provided by his previous state government employer, the Federal Court has ruled. The Court heard the Commonwealth hired Peter Perry from the Vic Govt in 1988. In 2010, he accepted an offer of "accelerated separation" which culminated in his voluntary retr...
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Editorial Team
Chief Journalist: Gerard May. Journalist: Steve Andrew. Managing Editor: Peter Schwab, peter.schwab@tr.com and Ph (02) 8587 7681. Twitter: @WorkforceTR
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Qld Govt approves expanded protections for building subbies
WFD: The Queensland Government has introduced stronger protections for building subbies in an attempt to stamp out rogue operators in the industry. The Building Industry Fairness legislation aims to help ensure small and medium construction contractors are paid in full and on time. Introduced on Tuesday (August 22), the legislation simplifies the p...
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Worker's bullying claims ‘pattern' showed lack of substance: FWC
WFD: The Fair Work Commission (FWC) has dismissed a worker's bullying application because it was her behaviour that had been inappropriate not her managers. Commissioner Chris Simpson found aged care employer UC's state manager VD and supervisor VH had not bullied worker EK because it “is simply not borne out by the evidence”. He said E...
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Worker loses costs claim and must pay two-thirds of employer's bill
WFD: The Federal Full Court has dismissed a worker's bid for an employer to pay her costs for an appeal in which she lost her argument for significant damages from a bullying incident and failed to have her payout increased from $580,000 to $1.6m. The court ordered the worker to pay two-thirds ofthe company's appeal costs because its conduct on app...
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Disagreement over new employment type sees bid to terminate EA
WFD: The Australian Manufacturing Workers' Union (AMWU) has not ruled out production and maintenance workers at ice-cream maker Streets' NSW launching industrial action after the company applied to terminate their enterprise agreement (EA). AMWU said this followed the parties failing to agree on wording of a provision that would create a new employ...
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Waterfront ceasefire only temporary: new battlelines drawn
WFD: Ending a six-month ceasefire, Qube Ports Newcastle (QPN) has fired the first salvo in what could be a new waterfront wages war. Thirty stevedores stopped work for 48 hours at QPN on Thursday (August 17), in a Maritime Union of Australia-endorsed protest over company plan to slash their wages by 10.5%. The parties have been negotiating a new en...
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FWC finds no evidence to support dept sacking of care worker
WFD: A disability care worker sacked for allegedly pushing and yelling at a resident was unfairly dismissed, the Fair Work Commission has found. Ordering submissions on remedy, Commissioner Anna-Lee Cribb said she could find no evidence to support Department of Health and Human Services claims Yoel Morag acted aggressively towards the resident. The...
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FWC releases draft timetable for 2017-18 wages review
WFD: The Fair Work Commission has released the draft timetable for its annual 2017-2018 wage review. The draft sets a March 13, 2018 closing date for lodging submissions. Reply submissions must be lodged by April 18, with the closing for expressions of interest in taking part in the final consultations May 4. The closing date for lodging supplement...
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Union welcomes govt's building code essential services ‘back flip'
WFD: The Electrical Trades Union has welcomed what it describes as a Federal Government “back flip” on the 2016 Building Code, after it released a revised code instrument on press day “to explicitly exclude essential services workers”. The ETU said the code's new section 6B added a new exemption where the organisation's prin...
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UV and NUW sign MoU to explore setting up of ‘super' union
WFD: United Voice (UV) and the National Union of Workers (NUW) have confirmed their signing of a memorandum of understanding (MoU) to explore the possibility of merging the two unions ( WF 18/8/2017 ). In a joint statement on Friday (August 18), the unions said they were discussing “building a new democratic union of organised workers taking ...
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