WFD: The Federal Circuit Court has tossed out an adverse action claim brought by a vertigo-impaired sheetmetal worker who claimed he was retrenched for speaking out against racism. D'Arcy Hull, supported by the Australian Manufacturing Workers Union (AMWU), brought proceedings against Gorgon LNG Project contractor Hertel Modern Pty Ltd. Hull had si...
AMWU-supported worker loses Gorgon Project adverse action case
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Port strikes cause shipping ‘mayhem'
WFD: Sydney port workers will strike for 24-hours from Wednesday stopping pilots accessing ships arriving and departing, as tensions escalate with the port authority over job security guarantees. International shipping company DP World Australia is calling for both parties to come up with a solution to end the dispute. The NSW Port Authority, Marit...
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Paint giant rejects $10k + 3% a year deal as lock-out hits 3 months
WFD: PPG Industries, the makers of Taubmans, Bristol and White Knight paints, has knocked back union pay and roster demands as workers at the multinational's Sydney plant remain locked out after almost three months. PPG locked 57 workers out in mid-August after they refused to stop protected industrial action during bargaining for a new enterprise ...
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Catholic teacher strikes underway
WFD: NSW and ACT Catholic school teachers and support staff are undertaking rolling stop-work action and rallies that will continue until Wednesday (November 8) and possibly beyond. The strikes began last Wednesday (November 1) after a successful protected action ballot ( WF26/10/2017 ) . Independent Education Union (IEU) NSW/ACT secretary John Que...
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Woolies workers suspended after 'vest' incident
WFD: Eight workers have been suspended from a Woolworths warehouse in NSW after a dispute involving one worker's uniform escalated. It is understood a manager was unhappy about how the worker was wearing their vest in the warehouse, although the circumstances that lead to his suspension are unclear. Seven National Union of Workers (NUW) members - i...
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Coalmine not a convent: FWC reinstates swearing CFMEU official
WFD: The Fair Work Commission has ordered Illawarra Coal to reinstate a Construction Forestry Mining Energy Union (CFMEU) lodge official it sacked for a foul-mouth tirade against colleagues, noting the worker was dealing with a mental health issue and a coalmine was “not a convent”. In a decision examining bad language in the workplace,...
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FWC talks continue for AMWU and Griffin Coal in wake of CFMEU deal
WFD: The Australian Manufacturing Workers Union (AMWU) has confirmed it is continuing talks with Griffin Coal in the Fair Work Commission this week. The long-running Griffin Coal mine dispute took a step to resolution when the Construction Forestry Mining Energy Union (CFMEU) last week struck a deal for a new enterprise agreement (EA), which will s...
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Sole employee back paid $18k
WFD: A Hobart restaurant has been caught paying its only employee just $10.36 an hour. The backpacker worked as the restaurant's manager, chef, waiter and bookkeeper. He opened and closed the restaurant, cooked the meals, served customers and even managed the business's accounts. He worked 10-hour days, seven days a week with 10-minute breaks durin...
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Amendola joins K&L Gates
WFD: High profile industrial relations lawyer Steven Amendola has left Ashurst to join K&L Gates LLP. Amendola's 35 years of experience includes acting for the federal government and private sector clients, having been involved in the national waterfront dispute and representing James Hird during the Essendon Football Club supplements scandal. ...
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Editorial Team
Chief Journalist: Emily Woods. Journalists : Steve Andrew, Rajiv Maharaj. Managing Editor : Peter Schwab. Contact (02) 8587 7681 or peter.schwab@tr.com . Twitter : @WorkforceTR
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Employers abandon EAs due to approval delays over minor defects
Employers are moving en masse to withdraw enterprise agreements (EA), delivering pay increases to thousands of workers, which are sat in limbo at the Fair Work Commission (FWC) due to minor technical issues including how pages are stapled together. More than 35 EAs have been withdrawn in the last three weeks, the Fair Work Commission confirmed to W...
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Court quashes labour hire EA approved by just three workers
The Federal Court has tossed out an enterprise agreement (EA) voted up by three labour hire workers, after ruling their limited employment experience prevented “genuine” agreement on an EA covering 11 nominated awards. Overturning Fair Work Commission (FWC) approval of the agreement, Justice Geoffrey Flick found “no conclusion was...
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CFMEU fined for ‘flagrant disregard' of workers' rights
The Construction Forestry Mining Energy Union (CFMEU) and two of its officials have been fined $54,500 for trying to force workers to join the union at a Queensland building site. The Australian Building and Construction Commission (ABCC) took the union and officials to the Federal Court after CFMEU organiser Jody Moses warned workers in September ...
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Call for hold on IR bills until citizenship furore resolved
All controversial industrial relations legislation should be put on hold until the Federal Government's sorts out the citizenship mess, the Australian Council of Trade Unions (ACTU) has urged. In a statement this morning (November 9), ACTU president Ged Kearney said the legitimacy of five pieces of industrial relations and superannuation legislatio...
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Court rules notice able to run concurrently with R&R leave
There is nothing in the Fair Work Act's termination provisions preventing a notice period from including rest and recreation (R&R) leave, ie when an employee isn't working, the Federal Circuit Court has found. Upholding an employer's decision to run 10 days R&R leave concurrently with the notice period, Judge Justin Smith found R&R diff...
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Seven to slash $25m in salaries
The Community and Public Sector Union (CPSU) says it will hold urgent talks with Channel Seven next week to discuss $25m in proposed cuts to the network's annualised salaries. In a statement, the CPSU said Seven had committed to consulting with unions and staff. It said there no confirmation on the impact on staffing numbers and no details on how i...
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Fed Court hammers employer $400k for ‘business model' wages theft
The Federal Court has slugged a Chinese restaurant, its owner/director and two senior staff close to $400,000 in a worker underpayment case Justice Robert Bromwich described as “essentially criminal in nature”. In agreed facts, NSH North Pty Ltd trading as New Shanghai Charlestown, company director John Chen, HR manager Sarah Zhu, and m...
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High Court to decide fate of union officials doing safety inspections
This Friday the High Court will decide whether to grant special leave to WorkSafe Victoria and the construction union to appeal a Federal Full Court finding that union officials must have a federal entity permit when invited by health and safety representatives (HSRs) to assist them on a work site. In June's Australian Building and Construction Com...
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Court strikes force adjournments
Rolling strikes at Australia's federal courts are delaying court proceedings, with judges forced to adjourn their matters three times since industrial action started, the Community and Public Sector Union (CPSU) claims. The parties were entering a bargaining meeting at 1.30pm on press day (November 13), with federal, family and federal circuit cour...
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Manager loses bullying claims
A manager at a leading women's fitness retailer who alleged being bullied at work caused her psychiatric illness has lost a $570,000 damages claim after the court found she did not prove her case on the balance of probabilities. Queensland District Court Judge Gregory Koppenol found Amy Louise Robinson to be “a most unreliable witness” ...
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