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Chinese-Malaysian couple win race-based adverse action case

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The Federal Circuit Court has found a Tasmanian beachside hotel business took adverse action against a Malaysian-Chinese couple because of their race. In a case brought by the Fair Work Ombudsman (FWO), Judge Barbara Baker ruled Yenida Pty Ltd - the owners of Scamander Beach Resort Hotel in Tasmania - and company director/managing director Chang Ye...

Former ABCC boss Hadgkiss fined for right-of-entry breach

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A day after leaving the Australian Building and Construction Commission (ABCC) its former head Nigel Hadgkiss has been ordered to pay a $8,500 fine for disseminating false information on right of entry (RoE) ( WF 28/09/17 ). Federal Court Justice Berna Collier today (September 29) found Hadgkiss's conduct exhibited “a degree of carelessness a...

CFMEU tries to scorch Cash over knowledge of Hadgkiss offence

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The construction union has reignited its blowtorch attempts on federal employment minister Michaela Cash about the alleged extent and timing of her prior knowledge of the Hadgkiss breach (above) , saying the Federal Government now “needs to come clean”. Speaking to Workforce this afternoon (Sept 29), CFMEU construction division boss Dav...

Grace stops CEO from immediately jumping ship to competitor

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Grace Worldwide Australia Pty Ltd has stopped its chief executive from immediately working for a major competitor for six months after the NSW Supreme Court decided their restraint-of-trade dispute. The court also found an implied term in Grace CEO Steve Alves's employment contract permitted Grace to direct he take three months' garden leave. It wa...

Complaint over ‘poster humiliation'

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A Sydney Water (SW) worker who agreed to be the face of a workplace safety campaign says she was humiliated by its unexpected sexual innuendo, WF associate news service Workforce NSW has reported. Reem Yelda, 39, has lodged a sex discrimination and sexual harassment complaint with the NSW Anti-Discrimination Board (ADB) against SW and sub-contracto...

Solicitor to pay employer's costs for late filing bungle

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A Federal Circuit Court judge has slammed a solicitor's conduct when representing an adverse action claimant and ordered he pay the employer's costs in defending an out of time application. Judge Timothy Heffernan laid the blame squarely on Adelaide solicitor David Ashley Starke for the 35-day late filing of Michael William Madigan's general protec...

Employer justified in sacking supervisor who exposed himself

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A warehouse supervisor sacked after he allegedly unzipped his pants and waved his penis at work colleagues was not unfairly dismissed, the Fair Work Commission has found. Tossing out Manuel Maciel's claim, Commissioner Ian Cambridge found Maciel's argument his thrusting action “as clearly visible in CCTV footage” was connected with a li...

Larger law-breaking union will do more harm than 2 smaller ones: AiG

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The Fair Work Commission should immediately introduce a public interest test when considering merger applications from unions with poor records of compliance, the Australian Industry Group (AiG) has told a Senate inquiry scrutinising the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill . “A registered organisation's re...

Editorial Team

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Journalists: Steve Andrew, Rajiv Maharaj. Managing Editor: Peter Schwab. Contact: (02) 8587 7681 and peter.schwab@tr.com . Twitter: @WorkforceTR

1,300 jobs to stay as 5,500 go with closure of Toyota manufacturing

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Toyota says it will retain 1,300 local employees and the existing dealer network of more than 270 sites, despite today's (October 3) closure of its manufacturing operation. At Altona, Victoria, its plans include the relocation of key business units, expanded design and engineering capabilities and the development of a Centre of Excellence. The cent...

FWC revokes Pizza Hut ‘shock' EA terminations

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Pizza Hut has welcomed the Fair Work Commission's decision today to revoke decisions terminating two national enterprise agreements and its Queensland agreement. A Pizza Hut spokesperson told Workforce Daily the 320-store franchise network had been taken “completely by surprise” by Senior Deputy President Jonathon Hamberger's September ...

1,300 jobs to stay as 5,500 go with closure of Toyota manufacturing

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Toyota says it will retain 1,300 local employees and the existing dealer network of more than 270 sites, despite today's (October 3) closure of its manufacturing operation. At Altona, Victoria, its plans include the relocation of key business units, expanded design and engineering capabilities and the development of a Centre of Excellence. The cent...

SA labour hire licensing bill progresses to upper house

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South Australia's controversial Labour Hire Licensing Bill 2017 has passed the state's Lower House and will be considered by the SA Legislative Assembly when sittings next resume on October 17 despite employer concerns over penalties including $140k fines or five years jail for individuals ( WF 11/08/17 ) . The bill's progression follows hot on the...

Casual with history of safety walk-offs ‘not sacked': FWC

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In a preliminary hearing, a casual labourer with a history of walking off job sites due to asbestos concerns has failed to show he was “dismissed” by a labour hire company following the latest incident. Ryan Gavin claimed in the Fair Work Commission (FWC) his labour hire employer sacked over a legitimate occupational health and safety c...

Senate report calls for Royal Cmn on penalty rate rorts

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A Senate committee report on penalty rates was tabled in Parliament at press time. It has made three recommendations. The Federal Government should: pass the Fair Work Amendment (Pay Protection) Bill 2017 to protect minimum employee standards such as penalty rates and overtime, and close loopholes that have allowed hundreds of thousands of employee...

Editorial Team

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Journalists: Steve Andrew, Rajiv Maharaj. Managing Editor: Peter Schwab. Contact: (02) 8587 7681 and peter.schwab@tr.com . Twitter: @WorkforceTR

More Glencore workers reject offer as u/ground lockout hits 95 days

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Relations between mining giant Glencore and its workforce at the Oaky North mines in Central Queensland continue to deteriorate ( WF 25/8/2017 ). The resources giant's lockout of underground miners extends to 95 days this week. At the same time, workers at the mine's coal wash plant have rejected the company's latest enterprise bargaining offer. Th...

WA Govt dismisses talk of 3,000 job losses over mining royalty

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The Western Australia Government has dismissed talk of 3,000 job losses if it increases the gold royalty, accusing the industry of running a “scare” campaign. The new Labor govt will next week ask parliament to gazette a 50% royalty increase (from 3% to 4.25%) on gold as part of measures to balance its books. It needs Liberal party supp...

Rolling stoppages across SA public sector from today

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United Voice members in the South Australian public service have escalated their enterprise bargaining campaign against privatisation of the public service and in support of an improvement on a 1.5% a year pay offer, with a stop work meeting today (October 4) at the Repatriation General Hospital. Work bans have been in place across the public secto...

Senate penalty rate report misses mark on BOOT for employers

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Employers have ramped up calls for changes to the Fair Work Act's Better Off Overall Test (BOOT) after a Senate inquiry report into penalty rates made only one recommendation* - that the Federal Government overturn the Fair Work Commission's decision to reduce penalty rates. The BOOT requires all workers be better off overall under proposed enterpr...
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