The Fair Work Commission (FWC) is not a court under the Royal Commissions Act, a full bench has ruled in tossing out an unfair dismissal appeal brought by sacked National Union of Workers (NUW) NSW branch organiser Nick Belan ( WF 20/10/2017 ) . Belan is the younger brother of disgraced ex NUW state secretary Derrick Belan. The Royal Commissions Ac...
Bench upholds FWC is not a court, tosses out Belan sacking appeal
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3 days missing = abandonment of employment junked in mod awards
Modern award clauses deeming a worker to have abandoned their employment after three continuous days of unexplained absence will be junked. A Fair Work Commission (FWC) full bench - Vice President Adam Hatcher, Deputy President Val Gostencnik and Commissioner Anna Lee Cribb - made the ruling as part of the cmn's four-yearly review of modern awards....
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Bench upholds FWC is not a court, tosses out Belan sacking appeal
The Fair Work Commission (FWC) is not a court under the Royal Commissions Act, a full bench has ruled in tossing out an unfair dismissal appeal brought by sacked National Union of Workers (NUW) NSW branch organiser Nick Belan ( WF 20/10/2017 ) . Belan is the younger brother of disgraced ex NUW state secretary Derrick Belan. The Royal Commissions Ac...
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‘Game of snakes' has replaced enterprise bargaining: Shorten
In speech foreshadowing a major recalibration of IR laws to address rising inequality and low wages should Labor take office, Opposition Leader Bill Shorten has declared enterprise agreement bargaining on life support with the nation's wages system “no longer delivering” for working people. “It's not just cuts to penalty rates or ...
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FW Reg changes tighten disclosure rules for bargaining reps
Bargaining representative have been set strict disclosure guidelines in changes to the Fair Work Amendment (Corrupting Benefits) Regulations 2017, which took effect yesterday. The amendments detail the level of disclosure that a bargaining rep must make in a prescribed form when a proposed enterprise agreement (EA) contains a provision that provide...
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Court sends big warning to visa-holder employers with $97k fine
Hospitality industry employers using sponsored visa have been put on notice after the Federal Circuit Court slugged an employer just shy of $100,000 for rorting an Italian cook. The wages theft and exploitation included the use of a brazen ‘cash-back' scheme whereby the cook had to pay more than $200 a week from her wages back to the company ...
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Bench says trainee's harassment evidence believable and supported
A Fair Work Commission full bench has rejected a business manager's appeal arguments the Cmn had had insufficient evidence to support a young sales trainee's claim he told her not to worry about two male customers: “Just show them your tits, you will be fine.” Phillip Parker argued there had been no witnesses to that or an earlier incid...
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Editorial Team
Editor : Rajiv Maharaj. Chief Journalist: Emily Woods. Managing Editor : Peter Schwab. Contact (02) 8587 7681 or rajiv.maharaj@tr.com . Twitter : @WorkforceTR
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Physio failed to prove was employee
A physiotherapist has lost a small claims attempt to recover more than $17,000 in unpaid leave after a court ruled she was an independent contractor and not an employee. In 2009 Ilona Grunbaum began working as a physiotherapist at Body Moves, in North Caulfield, Victoria. Grunbaum provided physiotherapy services for Body Moves clients for eight yea...
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TWU begins fight for food delivery riders' rights
A plan to roll out minimum wages and conditions for “on demand” food delivery riders will be taken to Federal opposition leader Bill Shorten in July, spearheaded by the Transport Workers Union (TWU) as it launches an “organisation drive” to bring together UberEats, Deliveroo and Foodora workers. But TWU national secretary To...
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‘UberEats, wage cheats!': Riders' rally cry at Melbourne protest
“UberEats, wage cheats, exploitation off our streets,” protesters chanted as Uber, Deliveroo and Foodora workers participated in one of the first major collective rallies in Melbourne on press day (Jan 31). The rally followed a conference of workers, union leaders and politicians at Victoria's Trades Hall, where the future of work and c...
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FWC rules ‘Italian-style' hugs and kisses inappropriate conduct
The Fair Work Commission has upheld the sacking of a 48-year-old cash courier who hugged and kissed clients -including 18-year-olds -and justified the physical contact as just the Italian way of showing affection. Western Australian business Cash in Transit instantly dismissed cash collector Carmelo Sapienza for serious misconduct by letter in July...
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Employers reject Shorten's claim, say few EA terminations challenged
The Australian Industry Group (Ai Group) has defended the right of employers to unilaterally terminate enterprise agreements in the wake of Opposition Leader Bill Shorten's speech yesterday where he foreshadowed major changes to Fair Work laws under a Labor Government. In his most significant IR comments as Opposition Leader, Shorten told the Natio...
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Domino's deal passes first hurdle
Domino's Pizza's new enterprise agreement (EA) has passed the first test after it was voted through by 89% of those who took part in the ballot. However, the Retail and Fast Food Workers Union (RAFFWU) will challenge the EA “on numerous grounds” in the Fair Work Commission (FWC), the union's secretary told Workforce Daily . Workers are ...
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Editorial Team
Editor : Rajiv Maharaj. Chief Journalist: Emily Woods. Managing Editor : Peter Schwab. Contact (02) 8587 7681 or rajiv.maharaj@tr.com . Twitter : @WorkforceTR
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Glencore goes ‘nuclear' option to terminate Oaky North EA
Glencore has confirmed it has applied to the Fair Work Commission to terminate the enterprise agreement for its Oaky North coalmine with a lockout of workers having reached 200 days plus. The company told Workforce Daily it was left with “no option” after what it believed to be an in-principle agreement struck with the Construction Fore...
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Super union's fate to be decided
The fate of the proposed “super union” amalgamation will be decided in the Fair Work Commission (FWC) tomorrow (February 2). The hearing is before Deputy President Val Gostencnik in Melbourne at 10am. Union members voted in support of merging the the Maritime Union of Australia (MUA), the Construction Forestry Mining Energy Union (CFMEU...
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Glencore EA termination move over the top and underhanded: CFMEU
The Construction Forestry Mining Energy Union (CFMEU) says Glencore's application to the Fair Work Commission to terminate the Oaky North Mine 2012 enterprise agreement is premature and “disproportionate”. The multinational mining giant applied to FWC to terminate the EA on Tuesday (January 30), with a lockout of 175 workers having reac...
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Editorial Team
Editor : Rajiv Maharaj. Chief Journalist: Emily Woods. Journalist: Steve Andrew. Managing Editor : Peter Schwab. Contact (02) 8587 7681 or rajiv.maharaj@tr.com Twitter : @WorkforceTR
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ALP to consider ‘living wage', facing ACTU pressure
Federal Labor is considering whether it will peg the minimum wage to the median wage, but is keeping tight-lipped on whether it will legislate the 60% the peak union body is calling for. “We haven't set a number, but we are, of course, going to make a submission for this year's national wage case. I think we'll have more to say in detail,R...
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