A real estate consultant who resigned his job after pleading guilty to assaulting a tenant while carrying a box-cutter was constructively dismissed and possibly entitled to pay in lieu of notice - even though the dismissal was not unfair overall Fair Work Australia has said. Commissioner John Ryan found the Tasmanian real estate agency Fall & A...
Knife-carrying assault may not justify summary dismissal: Ryan
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Harrison departs FWA, Gay and Kaufman to go inside 12 months
Fair Work Australia has confirmed the departure of Commissioner Greg Harrison, who recently turned 65. The Fair Work Act requires members hold office until they are 65 or resign. As Workforce reported previously (WF18365) , Deputy President Les Kaufman and Cmr Michael Gay will be turning 65 within the next 12 months. However, the tribunal would not...
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United Voice cockroach stood up
As part of its campaign for higher pay for shopping centre cleaners, a United Voice (UV) official dressed up as a cockroach to present a ‘Grimey Award' to management at Melbourne's Westfield Fountain Gate shopping centre shortly before presstime. UV claims the centre won the award after a survey of “more than 500 shoppers” voted i...
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United Voice to push ahead with childcare pay campaign
United Voice (UV) will push ahead with its campaign to convince the Federal Government to subsidise pay increases for private sector childcare workers, despite emerging empty handed from a meeting with the Prime Minister yesterday (September 19). UV is seeking $1.4bn from next year's Budget to top up wages for 60,000 private and non-profit childcar...
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FWA to pursue penalties after HSU and three officers admit breaches
Fair Work Australia (FWA) will proceed with penalty proceedings against the Health Services Union (HSU) and three former officers of the HSU Victoria No.1 Branch, following confirmation they won't contest the charges. “I am pleased that there will be no need to spend further time and public money in contested hearings,” FWA general mana...
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Moves to cut penalty rates ‘disturbing': ACTU
Employers must back off from their attempts to cut penalty rates in the fast food, retail and hospitality industries, the ACTU says in a submission to Fair Work Australia's review of modern awards. ACTU president Ged Kearney said the campaign against penalty rates was “disturbing”. “For some workers in these industries, their wage...
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Fed Govt to legislate $2.8b equal pay SACS contribution
The Federal Government will introduce legislation tomorrow (October 10) to safeguard its $2.8bn contribution to equal pay increases for social and community sector (SACS) workers. The Govt said the money - following Fair Work Australia's historic equal pay decision in June ( WF18265 ) - has been fully funded and accounted for in the Budget. The leg...
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FWA excuses flawed redundancy due to lack of HR support
Fair Work Australia has found a redundancy that ignored consultation requirements was not unfair, harsh or unreasonable because such discussions would not have affected the outcome and their absence was due to a lack of HR expertise. Following the test set out in a full bench's decision in UES (WF18345) , Senior Deputy President Ian Watson found R ...
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BHP to slash jobs in Perth
BHP Billiton has confirmed to Workforce Daily it will cut jobs from its iron ore team in Perth. The company would not reveal how many workers would be retrenched but Workforce understands about 200 jobs will go. The move comes in the wake of BHP moving about 3,000 staff to its purpose-built Brookfield Place office tower in Perth. It's understood th...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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High-cost manufacturing viable, academic tells CFMEU conference
One of the world's leading experts on innovation management and strategy says Australia can have a viable manufacturing sector despite its relatively high wages and operating environment. Speaking at the Construction Forestry Mining Energy Union (CFMEU) national conference in Canberra today, Professor Göran Roos said Australian manufacturing had to...
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FWA frontloads Schweppes pay and speeds up dispute mechanisms
Fair Work Australia has awarded 11% wage increases over two years for Schweppes employees, and limited their dispute resolution mechanism to avoid delays in ushering in the company's new six-day roster. The workplace determination, following on from an in-principle decision last month (WF18405), includes transitional payments for the new roster of ...
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SDP Acton heads up new panel
Senior Deputy President Jennifer Acton will head up a new Fair Work Australia industry panel in changes introduced this week. SDP Acton's appointment to head up the road transport and waste management industries panel reflects her recent appointment as inaugural president of the Road Safety Remuneration Tribunal (RSRT) ( WF18282 ) . Details of adju...
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CFMEU fined $2.1m over eight years
The Construction Forestry Mining Energy Union (CFMEU) has paid more than $2.1m in fines for breaching industrial laws between October 2002 and August 2010, with the Federal Magistrates Court this week imposing further fines. Federal Magistrate Heather Riley detailed the CFMEU's prior contraventions before fining the union and former Victorian branc...
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Joe McDonald/CFMEU fined again
The Federal Magistrates Court has fined the CFMEU and WA branch assistant secretary Joe McDonald $28,600 and $6,380 respectively for breaching industrial laws, including making false statements and leading an illegal one-day strike at a Perth building site in February 2008. Federal Magistrate Toni Lucev order McDonald and the CFMEU to jointly pay $...
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Summary dismissal without proof or response ‘not good enough'
In a decision highlighting the importance of procedural fairness for small employers, Fair Work Australia has slammed a hairdresser's summary dismissal without warning or investigation as “appalling” and without reasonable grounds. Deputy President Peter Sams said while Vondoo Hair's suspicion hairdresser Samantha Crockett had stolen cl...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Fremantle Port ups offer to 15% but backflips on job security
Last night the Fremantle Port Authority upped its pay offer to its striking port workers to 15% over three years but then this morning removed job security clauses, Maritime Union of Australia (MUA) official Will Tracey told Workforce Daily at presstime. Tracey, the Western Australia branch assistant secretary, said the Port last night upped its of...
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Unsubstantiated evidence ‘persuasive' in post-Barclay adverse action
In one of the first adverse action cases post the High Court's Barclay decision, the Federal Magistrate's Court has rejected a claim an employer fired a 66-year-old bookkeeper because of his age, despite rejecting evidence of the worker's incompetence. On November 9, 2011, LED Technologies fired bookkeeper Martin Bernard Vink after two months in th...
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Shorten introduces FW biz transfer Bill to protect state public servants
Workplace relations minister Bill Shorten has introduced a Bill into Parliament extending Fair Work Act transfer of business provisions to state employees. The Fair Work Amendment (Transfer of Business) Bill 2012 is in response to Queensland Government plans to cull thousands of public sector jobs ( WF18395 ). It ensures that where there is a trans...
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