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Bench sets out when a deal is a deal in settlement offer case

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A Fair Work Commission full bench has quashed a Deputy President's decision in a case raising important questions on how to determine when a binding settlement agreement exists between parties. In August 2017, DP Peter Sams dismissed Subeg Singh's unfair dismissal claim, finding he had reached a settlement agreement with employer, Sydney Trains. Un...

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

Govt announces legislation to curb FEG scheme employer swindling

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The Federal Government has confirmed it will introduce new laws to stop employers rorting the Fair Entitlements Guarantee (FEG) scheme. The taxpayer-funded scheme - set up in 2012 to guarantee worker entitlements for companies that go bust - has cost more than $1 billion, representing a 75% increase on the FEG's predecessor schemes. The Govt says t...

Tourism operator underpaid helicopter pilots

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Tourism operator Broome Helicopter Services (BHS) Pty Ltd and its chief pilot Joseph Hans Calandra underpaid two helicopter pilots, provided misleading employment records and failed to provide an adequate roster, the Federal Circuit Court has found. Ordering a further hearing on compensation and penalties, Judge Antoni Lucevfound both BHS and Calan...

Bench sets out when a deal is a deal in settlement offer case

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A Fair Work Commission full bench has quashed a Deputy President's decision in a case raising important questions on how to determine when a binding settlement agreement exists between parties. In August 2017, DP Peter Sams dismissed Subeg Singh's unfair dismissal claim, finding he had reached a settlement agreement with employer, Sydney Trains. Un...

Bench sets out when a deal is a deal in settlement offer case

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WFD: A Fair Work Commission full bench has quashed a Deputy President's decision in a case raising important questions on how to determine when a binding settlement agreement exists between parties. In August 2017, DP Peter Sams dismissed Subeg Singh's unfair dismissal claim, finding he had reached a settlement agreement with employer, Sydney Train...

Senate penalty rate report misses mark on BOOT for employers

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WFD: 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 en...

Govt announces legislation to curb FEG scheme employer swindling

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WFD: The Federal Government has confirmed it will introduce new laws to stop employers rorting the Fair Entitlements Guarantee (FEG) scheme. The taxpayer-funded scheme - set up in 2012 to guarantee worker entitlements for companies that go bust - has cost more than $1 billion, representing a 75% increase on the FEG's predecessor schemes. The Govt s...

Tourism operator underpaid helicopter pilots

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WFD: Tourism operator Broome Helicopter Services (BHS) Pty Ltd and its chief pilot Joseph Hans Calandra underpaid two helicopter pilots, provided misleading employment records and failed to provide an adequate roster, the Federal Circuit Court has found. Ordering a further hearing on compensation and penalties, Judge Antoni Lucev found both BHS and...

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

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WFD: Relations between mining giant Glencore and its workforce at the Oaky North mines in Central Queensland continue to deteriorate ( WF 25/08/17 ). 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...

SA labour hire licensing bill progresses to upper house

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WFD: 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...

Rolling stoppages across SA public sector from Wednesday

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WFD: 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 on Wednesday (October 4) at the Repatriation General Hospital. Work bans have been in place across the ...

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

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WFD: 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 saf...

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

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WFD: 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...

Solicitor to pay employer's costs for late filing bungle

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WFD: 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 p...

FWC revokes Pizza Hut ‘shock' EA terminations

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WFD: Pizza Hut has welcomed the Fair Work Commission's decision on Tuesday (October 3) 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 Jonathan ...

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

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WFD: Toyota says it will retain 1,300 local employees and the existing dealer network of more than 270 sites, despite Tuesday'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. T...

Employer justified in sacking supervisor who exposed himself

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WFD: 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...

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

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WFD: 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...

Cmn rejects blue-collar bid to break from dominant white-collar unions

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The Queensland Industrial Relations Commission (QIRC) has quashed attempts by disgruntled blue-collar workers to form a breakaway agreement at Brisbane City Council (BCC) ( WF 18/8/2017 ). Tossing out a scope order application by the Australian Manufacturing Workers Union, Electrical Trades Union, Construction Forestry Mining Energy Union and the A...
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