WFD: A clerk terminated with just one weeks' notice following a slide in business was unfairly dismissed, the Fair Work Commission has found. Awarding Belinda Morris $5,482 compensation, Commissioner Christopher Platt found the redundancy process instigated by employer Community Caring Pty Ltd, trading as Carers That Care (CTC), was not genuine. Th...
Clerk terminated with one week's notice unfairly dismissed
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Casual who called manager a ‘racist b-tch' wins unfair dismissal
WFD: 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 un...
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Protections against bullying not diminished by contractor status
WFD: 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 ...
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Qld passes ‘first ever bill to address FIFO'
WFD: 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...
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Rep bodies starting WR war for hearts, minds & votes
WFD: 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...
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FWC puts industrial action benchbook online
WFD: 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 h...
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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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TWU alleges Aerocare wage theft
The Transport Workers Union (TWU) has welcomed the Fair Work Commission's (FWC) rejection of the Aerocare enterprise agreement ( see below), and said it will tackle the aviation services giant over “wage theft”. However the company rejects the union claim, saying its EA was all about tackling casualisation. “In an era of casualisa...
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FWC rejects Aerocare EA's ‘mysterious' lack of roster
The Fair Work Commission (FWC) has declined to approve the Aerocare enterprise agreement (EA) for reasons including it had no roster to determine if it passed the better off overall test (BOOT). Commissioner Nick Wilson said he could not approve the EA because Aerocare had been “arbitrary and discriminatory” in how it chose the employee...
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Flinders Ports to be hit with fresh strikes: MUA
Breaking News: Wharfies are set to launch 24 hour strike action on Thursday (September 7) at Flinders Adelaide Container Terminal over their enterprise agreement (EA) dispute with Flinders Ports Holdings, the Maritime Union of Australia has said. At presstime, MUA deputy national secretary Will Tracey told Workforce union members have concluded two...
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FWC reserves decision on fate of Catholic schools' strike
Catholic school teachers and support staff at more than 500 systemic schools across NSW and the ACT will have to wait until next week to find out whether they can strike over their right to arbitration ( WF 11/8/2017 ). On Thursday (August 31), Fair Work Commissioner Leigh Johns reserved his decision on 11 applications for protected action orders b...
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Psych claim delays an 'epidemic'
Qld lawyer says there is a "national epidemic" of police and other first-responder public servants being traumatised by insurers' mental health claim delays. Shine Lawyers national consumer dispute resolution special counsel Will Barsby told Workforce associate news service Cover Note police, paramedics, nurses, fire fighters and other high-risk pr...
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Employer didn't force resignation
An employer was unaware of a worker's mental health issues and didn't force him to resign, a Fair Work Commission full bench has reaffirmed. Refusing Jason Moore permission to appeal a finding by Commissioner Christopher Platt, the bench - Vice President Adam Hatcher, Deputy President Melanie Binet and Cmr Anna Lee Cribb - found Moore didn't have a...
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Union ‘forced' to lift training ban
Two NSW unions say they have been forced to drop action protecting Australian jobs because industrial laws are “stacked against the interests of working people”. On Tuesday (August 29), the Fair Work Commission (FWC) recommended the Electrical Trades Union (ETU) and the United Services Union (USU) lift bans against electricity distribut...
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Redundancy without chance to apply for new, merged role unfair
A systems coordinator made redundant after his job was merged with another one without the employer giving him an opportunity to apply for the new role was unfairly dismissed, the Fair Work Commission has found. Ruling the redundancy process unfair, Commissioner Leigh Johns said he was satisfied Enzo Cepile could have been redeployed. The cmn heard...
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Process to deal with misbehaving FWC members before Senate
WFD: The Federal Government bill enabling the Fair Work Commission (FWC) to overlook minor technical errors when approving enterprise agreements (EA) and making it easier to remove FWC members is scheduled to go before the Senate on Wednesday (September 6). The bill would also repeal the requirement for FWC to conduct four yearly reviews of modern ...
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Sydney Uni bypasses NTEU and takes EA offer direct to staff
WFD: At presstime Wednesday (September 6), University of Sydney had not released the results of a ballot on its enterprise agreement (EA) offer it sent directly to staff. The university by-passed the National Tertiary Education Union (NTEU) on Monday (September 4) by writing directly to its academic and administrative staff and asking them to infor...
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Two Senate reports on the Fair Work Act for release today
WFD: Two long awaited Senate inquiry reports - into the CorporateAvoidance of the Fair Work Act and the Fair Work Amendment (Pay Protection) Bill - are being tabled later today (September 6). The explanatory memorandum for The Greens proposed pay protection bill says the new laws would amend the Act “to require employers to pay a base rate of...
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Former Wallabies coach awarded $150k for breach of contract
WFD: The Queensland District Court has ordered the Qld Rugby Union (QRU) to pay former Wallabies and Qld Reds rugby coach John Connolly $150,000 damages for breach-of-contract. Judge Ian Dearden found the QRU's termination of Connolly's services two months into a 19-month role as the Reds' coaching consultant repudiated an oral contract. The matter...
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Franchisors face tough new laws
WFD: Employers will face higher penalties for serious contraventions of workplace laws and franchisors will be more responsible for their franchisees' actions, after the Vulnerable Workers Bill passed through the Senate on Monday night (September 4) . The Bill also gives the Fair Work Ombudsmen (FWO) extra powers to question, gather evidence, and p...
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