WFD: The NSW Industrial Relations Commission (NSWIRC) has questioned a State Government department's claim the Government Sector Employment (GSE) Act protected it from constructive dismissal allegations. The case involved a finance department valuer who claimed he was forced to resign or be sacked. “The Department submitted that no constructi...
NSW dept says GSE Act bars constructive dismissal claim
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Players and NRL to fight another day on pay
WFD: Players and the National Rugby League (NRL) have failed to strike a deal in their latest pay talks, with issues over revenue sharing and integrity matters remaining ( WF 23/6/2017 ) The NRL had hoped to reach in-principle agreement on a new collective agreement at a meeting with the Rugby League Players Association (RLPA) on Friday (August 18)...
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Union heavy weights fail to block blackmail charges
WFD: The Supreme Court of Victoria has tossed out attempts by Construction Forestry Mining Energy Union (CFMEU) officials John Setka and Shaun Reardon to overturn a magistrate's ruling they be criminally prosecuted over an alleged single count of blackmail. The union officials are accused of making an unwarranted demand with menaces of Boral southe...
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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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Workers' Open Day strike a ‘message' to USyd: NTEU
National Tertiary Education Union (NTEU) members will not participate at the University of Sydney(USyd) Open Day tomorrow (August 26) because it has rejected union proposals for improving enterprise agreement (EA) conditions. NTEU USyd president and bargaining representative Kurt Iveson told Workforce the workers voted to take strike action “...
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Employers ‘line out the door' to get CFMEU ok on code-compliant EAs
The Construction Forestry Mining Energy Union (CFMEU) construction division says employers “are lining out the union's door” in a bid to get their enterprise agreements (EAs) building code compliant before the end of next week. This follows the Electrical Trades Union on Monday welcoming a Federal Government “back flip” it s...
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GM wins reinstatement after committee set her up to fail
The Fair Work Commission (FWC) has ordered the reinstatement of a general manager (GM) made redundant following a restructure because she had not received her statutory entitlement to a “fair go”. Commissioner Bernie Riordan said Western Sydney Community Legal Centre (WSCLC) was “fanciful and capricious” when it terminated G...
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Workers should be provided with redundancy score cards
Workers selected for redundancy should be told what “scoring” criterion was applied and how they rated, Fair Work Commission deputy president Peter Sams has urged. His remarks came after he found a worker's redundancy process was “unreasonable” due to the employer's failure to fully consult. DP Sams said it would seem “...
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Tavern renovation ‘no grounds for redundancy': FWC
Installing a petition dividing a bar and food area did not count as a “restructure” for redundancy purposes, the Fair Work Commission has found. Awarding sacked head chef Shane Fowler $5,072 compensation for unfair dismissal, Commissioner Christopher Platt found his sacking was based on unproven performance issues - and nothing to do wi...
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Job cuts risk bushfire tragedy: AWU
NSW National Parks and Wildlife Service (NPWS) has rejected Australian Workers Union (AWU) claims a restructure will increase the risk of a bushfire tragedy by cutting jobs across the state. NSW AWU secretary Daniel Walton said the restructure would see the loss of 15 senior supervisor plus “dozens” of field officer positions. “Th...
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Fish filleter gutted by abrupt and impersonal redundancy: FWC
A redundancy process at an Adelaide seafood processor was unfair due its “abrupt and impersonal nature” and failure to consult or consider redeployment, the Fair Work Commission has found. Deputy President Peter Anderson found PFD Food Services Pty Ltd denied filleter Muhammad Buttar - a conscientious and well-liked worker - “a fa...
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Casual who called manager a ‘racist b-tch' wins unfair dismissal
A casual worker who was fired for calling his manager a “racist b-tch” and speaking disparagingly to customers about his working environment has won his unfair dismissal application. Fair Work Commission (FWC) Cmr Michelle Bissett agreed QBar Darwin Pty Ltd casual supervisor Phillip Coffey's actions were “inappropriate and unprofe...
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Protections against bullying not diminished by contractor status
In a long running and complex unfair contract case, the NSW Supreme Court has awarded damages to a taxation contractor who was bullied by her boss and unfairly terminated. Justice Michael Walton found the obligation on BE Australia WD Pty Ltd (BEA) to ensure adequate protective provisions were in place “was not diminished” by Mary Sutto...
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Rep bodies ramping up WR war for hearts, minds & votes
Employer and employee bodies are girding the loins for the fight over the future direction of workplace relations (WR), with the peak union body rolling out new campaigns while employers large and small sign a memorandum of understanding (MoU) on WR and economic reform. On Friday (August 25), the employer bodies at either end of the size scale anno...
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Qld passes ‘first ever bill to address FIFO'
BHP Billiton Mitsubishi Alliance (BMA) says Queensland's new fly-in fly-out (FIFO) laws have sent a “disconcerting message” to investors, retrospectively changing rules impacting decisions already made. On Thursday (August 24), Qld parliament passed the State Government's Strong and Sustainable Resource Communities [SSRC] Bill that ends...
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FWC puts industrial action benchbook online
The Fair Work Commission has launched an interactive online version of its Industrial action benchbook. The cmn produced the benchbook to provide information about its role in the regulation of protected and unprotected industrial action. It contains plain English summaries of the key principles of industrial action case law, and examples of how th...
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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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Employers ‘line out the door' to get CFMEU ok on code-compliant EAs
The Construction Forestry Mining Energy Union (CFMEU) construction division says employers “are lining out the union's door” in a bid to get their enterprise agreements (EAs) building code compliant before the end of next week. This follows the Electrical Trades Union on Monday welcoming a Federal Government “back flip” it s...
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Aldi fails to block pickets
Aldi Foods has failed to stop unions picketing its stores in protest over an alleged spike in road deaths involving truck drivers. Tossing out Aldi's application for an interlocutory injunction banning the picket lines, Federal Court Justice Nye Perram said any damage the company suffered was “limited”. The picket line protest is part o...
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Uber-registered driver found to be a 'worker' under SA Act
The SA Employment Tribunal has ruled a Uber-registered driver was employed on a contract of service when he sustained a back injury at Adelaide Airport. He was therefore entitled to workers' compensation under the Workers Rehabilitation and Compensation (WRC) Act 1986, Workforce associate news service Workers Compensation Report revealed . Deputy P...
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