The Fair Work Commission has stayed the reinstatement of South32 construction union lodge president Matthew Gosek who was sacked for swearing and threatening co-workers. In a now well-publicised decision , Commissioner Bernie Riordan found the Illawarra Coal-owned South32 over-reacted to Gosek's foul-mouthed tirade and ordered he be reinstated ( WF...
FWC stays swearing South32 CFMEU official's reinstatement
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Outsourced business counts toward min period of employment
A cash transportation business lost its objection to an unfair dismissal case, after the Fair Work Commission (FWC) found the worker met the minimum period of employment as his prior service for an outsourced business counted. Secure Cash had objected to Carmelo Sapienza's unfair dismissal application on the basis he had not been employed there for...
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FWO targets healthcare industry
A Fair Work Ombudsman (FWO) operation has recovered more than $100,000 for 193 health care workers across Australia. The campaign found 85% of businesses in the medical, allied health and residential care sectors were paying their staff correctly. The FWO conducted 696 audits, and issued 16 infringement notices, 12 formal cautions and one complianc...
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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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‘Strike-breaker' WorkPac pulls EA BOOT approval after CFMEU protest
In an unexpected and late development in the FWC EA traded rates case (see Aldi tells FWC full bench to ‘get real', below) , labour hire giant WorkPac has pulled its proposed EA. The 11 th hour withdrawal on Monday (November 14) came after the Construction Forestry Mining Energy Union (CFMEU) raised concerns WorkPac's proposed Manufacturing E...
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Aldi tells FWC full bench to ‘get real' in EA traded penalty rates case
The German discount grocery store chain has told a Fair Work Commission full bench to be “realistic” in deciding whether enterprise agreements (EAs) with traded off penalty rates should pass the better-off-overall-test (BOOT). The specially-convened full bench, set up by FWC president Justice Iain Ross last month to deal with the conten...
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Australia's unemployment rate falls
Australia's labour market continues to strengthen, with the unemployment rate dropping by 0.1 percentage points to 5.4% seasonally adjusted, the lowest level in four years, Australian Bureau of Statistics (ABS) figures reveal. The ABS October labour force statistics , released on press day (November 16), shows the number of unemployed people decrea...
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Gig firms took old-time exploitation and ‘slapped an app' on it: TWU
WFD: The Transport Workers' Union (TWU) is calling for food delivery companies to give their workers proper wages and entitlements, after the Federal Circuit Court (FCC) last week slammed the employers for sham contracting when underpaying a bicycle courier ( WF 03/11/2017 ). Two companies, Z Transport Pty Ltd and Boxbay Pty Ltd, were fined $72,000...
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Court pay offer rejected, strikes continue
WFD: A 5%-over-two-years pay offer from federal court management to bring an end to strikes across the country has been “unanimously” rejected by union delegates, who will recommend a no vote to members. Community and Public Sector Union (CPSU) deputy national president Rupert Evans has slammed the offer for being less than the governme...
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JCU's 8.6% offer ok by NTEU ...
WFD: After more than 18 months of sometimes bitter and protracted negotiations, James Cook University (JCU) and the National Tertiary Education Union (NTEU) have struck an enterprise agreement (EA) deal for 8.6% over five years. JCU had previously taken a direct offer to staff of just 6.6%, which was rejected by 58% of the 54% of employees who vote...
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... but NTEU rejects Murdoch offer
WFD: The National Tertiary Education Union (NTEU) has rejected Murdoch University's new four-year pay deal for staff, slamming concessions sought by the university as “too onerous”. Having succeeded in having the old deal terminated in a decision that rocked the tertiary sector ( WF 01/09/17 ) , Murdoch last month tabled an enterprise a...
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FWC rejects bar staff EA as ‘guise' to dodge weekend penalty rates
WFD: The Fair Work Commission has tossed out an enterprise agreement (EA) that said bar staff could “voluntarily” work weekends without penalty rates in exchange for two “substitute” days off during the week. Deputy President Ingrid Asbury said the company's statement it would pay penalty rates if employees had to work the s...
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IR minister takes leave for ‘personal reasons'
WFD: Victoria's industrial relations minister Natalie Hutchins is taking an immediate leave of absence from ministerial and parliamentary duties for “personal reasons”. Hutchins issued a statement on press day (November 14), announcing Luke Donnellan will act as IR and aboriginal affairs minister in her place. “My leave will take ...
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Doctors union and SA Govt reach in-principle pay agreement
WFD: The South Australian Government has reached an in-principle agreement with salaried doctors providing a 1.5% a year pay increase plus a 1% a year productivity bonus ( WF 27/10/2017 ). The deal with the SA Salaried Medical Officers Association (SASMOA) will go to a ballot of SA's salaried medical officers in December 2017. SASMOA had strongly o...
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Fed Court hammers employer $400k for ‘business model' wages theft
WFD: 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, ...
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High Court to decide fate of union officials doing safety inspections
WFD: 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 Constructio...
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Court strikes force adjournments
WFD: 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...
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‘Drop your daks' sacking invalid in era of Captain Underpants
WFD: The Fair Work Commission (FWC) has ordered Illawarra Coal subsidiary South32 to reinstate a construction union lodge official it sacked for leading an “undies protest” at the Appin Colliery coal mine in March. South32 sacked mine mechanic ‘drop your daks' Dave McLachlan for leading co-workers in a 10-minute protest over mine ...
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Manager loses bullying claims
WFD: 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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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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