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Sacked NUW official Nick Belan's reinstatement bid shot down

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Sacked National Union of Workers (NUW) NSW branch organiser Nick Belan - the brother of disgraced ex state secretary Derrick Belan - has lost his unfair dismissal claim seeking reinstatement ( WF 16/03/2017 ) . Fair Work Commission (FWC) Deputy President Lyndall Dean found Belan's admission of credit card misuse made in 2015 at the Trade Union Roya...

Labour force figures reveal more new jobs, lower unemployment

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Unemployment in Australia has dropped to its lowest rate in four years, falling by 0.2 percentage points to 5.5% in September, new Australian Bureau of Statistics (ABS) figures reveal. The labour force statistics, released on Thursday (October 19), revealed employment increased by 371,500 in the past year, with 315,900 of those new jobs being full ...

Film and TV industries complain of global jobs threats

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Some of Australia's most high profile actors, screen writers, directors and technicians, descended on Parliament House in Canberra on Wednesday (October 18), lobbying politicians to reform the film and television industry. The ‘Make it Australian' campaign launched last month looks at ways to protect the industry - and jobs - from global thre...

Cmr erred in allowing lawyer to act for retail giant but finding stands

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A commissioner erred when he proceeded with an unfair dismissal case where Woolworths was represented by a lawyer but had not obtained permission, a Fair Work Commission full bench has found. Despite that, no disadvantage was suffered by the worker Stephen Fitzgerald and the finding he resigned and was not sacked should stand, the bench - Vice Pres...

Couple fined $70k for underpaying young visa workers

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The Federal Circuit Court has fined a husband and wife $70,000 for underpaying 11 young sales assistants on working visas. Imposing a fine at the high end, Judge Norah Hartnett said the underpayment was deliberate and the couple had shown no contrition. Judge Hartnett ordered any shortfall in the payment of the outstanding wages be taken from the p...

DP Sams lashes Defence contractor Serco for reneging on post-EA deal

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The Fair Work Commission has slammed Department of Defence contractor Serco for not honouring an undertaking it made post-enterprise agreement (EA) approval that it would pay ship masters the same as engineers. The cmn heard how in concluding negotiations with the Australian Maritime Officers' Union (AMOU) in 2015, Serco promised the union it would...

Southall quits as ABCC deputy commissioner over Hadgkiss fiasco

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At press time, the Federal Government confirmed it has accepted the resignation of Australian Building and Construction Commission (ABCC) Deputy Commissioner (legal) Tony Southall QC. Southall, who employment minister Senator Michaelia Cash appointed to the ABCC role in July, tended his resignation on October 16. Southall's resignation letter said ...

Nurse with MS unfairly dismissed

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A nurse sacked after her allegedly deteriorating multiple sclerosis (MS) condition affected her work performance was unfairly dismissed. The Fair Work Commission said there was evidence of poor performance warranting dismissal. However, Deputy President Ian Masson said a failure by employer Knoxfield Medical Centre Pty Ltd trading as Colchester Med...

Woolies workers apply for industrial action as warehouse closure looms

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Some 2,000 Woolworths warehouse employees in Victoria and NSW may be heading for strike action over job security and wages after their union applied to take protected industrial action. Last week the National Union of Workers (NUW) applied to the Fair Work Commission for protected action ballots, to give them the right to vote on taking protected i...

Former solicitor not barred from legal representation

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The Fair Work Commission has invoked a recent full bench finding in granting a former solicitor permission to be represented by a lawyer in an unfair dismissal matter. Not-for-profit organisation Re-Engage Youth Services Incorporated argued against use of lawyers, claiming they were an unnecessary cost burden. It claimed the matter should be allowe...

Editorial Team

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

Permanents and casuals stick together for Toll Kmart deal

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At presstime, the National Union of Workers (NUW) confirmed it has struck a deal with Toll for more than 300 workers at the Toll Kmart Distribution Centre in Victoria. The three-year deal, which the workers have voted up, includes pay increases of 2.5%, 2.5% and 2%; 43 new permanent jobs; breaks for casuals working four-hour shifts; improved redund...

Pay rises coming v bargaining failing: parties argue as EA trends decline

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Providing more evidence business is giving up on enterprise bargaining, the latest trends in enterprise agreement (EA) bargaining report reveals a collapse in EA numbers. The latest Federal Department of Employment figures reveal just 846 (801 private sector; 45 public) EAs were approved in the June quarter 2017, down from 1,149 (1098 private; 55 p...

Major overhaul of education system needed, productivity report finds

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Australia's skills system is not equipped to deal with the future labour market and governments should develop a proficiency-based skills assessment process, a landmark productivity report has revealed. The Productivity Commission's five-year Australian productivity review, released by Treasurer Scott Morrison on press day (October 24), found the t...

Justice Tracey says no fine big enough to stop CFMEU law-breaking

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Yet another Federal Court judge has slammed the construction union for a “pattern of disregard for the law”, this time fining it $98,000 for blocking a non-union member from working on a construction site and coercing another to pay outstanding union dues. In agreed facts in proceedings brought by the Australian Building Construction Co...

Revoking holiday two weeks before trip no grounds for unfair dismissal

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A shop manager who claimed she was forced to resign after her employer revoked her leave two weeks before a 12-week European holiday was not unfairly dismissed, the Fair Work Commission has found. In a jurisdictional hearing, employer Gloss Accessories Pty Ltd argued it had not dismissed Amanda Bengel. Upholding that argument and dismissing the app...

Nurses, carers to rally at Bupa office for safer staffing

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Nurses and carers will rally outside Bupa's Melbourne office tomorrow (Wednesday, October 25) in an escalation of industrial negotiations with the aged care provider. The Australian Nursing and Midwifery Federation (ANMF) Victoria says its members want better staffing levels, a commitment to replace staff who take unplanned leave, or a clause about...

Editorial Team

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Chief Journalist: Emily Woods. Journalist: Rajiv Maharaj. Managing Editor: Peter Schwab. Contact: (02) 8587 7681 and peter.schwab@tr.com . Twitter: @WorkforceTR

FWC orders Glencore to stop secret home videos at Oaky mine dispute

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In an extraordinary decision revealing surreal scenes at Glencore's Oaky North Creek mine, the Fair Work Commission has ordered the company to immediately cease “clandestine and quasi-military activity” against locked out CFMEU mining division members ( WF 6/10/2017 , WF 13/10/17 ) . That “intel”-gathering activity included ...

‘Farcical' AWU office raids prompt Federal Court challenge

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The Australian Workers' Union (AWU) is mounting a Federal Court challenge to an investigation into political donations - expected to be heard later on pressday - after Australian Federal Police (AFP) members raided its Sydney and Melbourne offices. The union says 32 AFP officers swarmed the two branches Tuesday afternoon (October 24), searching for...
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