WFD: A steelworker accused of defecating in a work shower and regularly walking off shifts, sometimes for more than six hours, has lost a Fair Work Commission (FWC) claim that his dismissal was unfair. In June last year BlueScope Steel sacked Walter Troiano for "inappropriate and socially unacceptable behaviour and unacceptable timekeeping" after 2...
Leaving work early and shower faeces 'incident' leads to dismissal
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Pregnancy claim breached double-dipping rules: FWC
WFD: The Fair Work Commission has knocked back a pregnancy-related unfair dismissal claim after finding it was using the same factual matrix to argue equivalent grounds and seek similar remedies to a discrimination complaint before the Federal Circuit Court. Tandoor cook Rajwinder Kaur Gill told Deputy President Geoff Bull she had been treated unfa...
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Construction workers taunt ABCC with Eureka flag Twitter pic blitz
WFD: Construction Forestry Mining Energy Union (CFMEU) members have launched a social media campaign, tweeting pictures of workers brandishing Eureka flags at work. "Funny, it's almost as if construction workers don't care," the union's official Twitter account said earlier this week in response to dozens of pics of workers posing with the flag at ...
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Editorial Team
Editor : Rajiv maharaj, rajiv.maharaj@tr.com . Chief Journalist: Emily Woods. Journalist: Steve Andrew. Managing Editor : Peter Schwab. Contact: (02) 8587 7681.
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Cmn acknowledges right to strike - but orders 10 day ‘cooling off'
The Fair Work Commission has ordered workers at a Japanese-owned paper factory in Melbourne to suspend their industrial action for 10 days, after the employer refused to bargain while workers were on strike. However, the Australian Manufacturing Workers' Union (AMWU) says it has won a stay order so workers can remain out at least until Tuesday next...
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Personal payment orders only the start in getting officials to pay fines
Unions could potentially get around this week's landmark High Court decision greenlighting personal payment orders against law-breaking officials by simply boosting salaries to off-set fines, leading IR academic Professor Andrew Stewart says. On Wednesday, the High Court found the Fair Work Act s546 enables courts to order union officials to pay th...
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Coles worker sacked for Snapchatting ‘fat a***' manager
The Fair Work Commission has upheld the sacking of a Coles employee who racially abused a co-worker and posted on Snapchat that his manager was a "fat a*** bitch". Coles sacked Ridwan Ridwan by letter last August for a series of foul-mouthed and aggressive tirades in the workplace. Ridwan had worked at Coles for 21 years. His bad behaviour included...
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All members of partnership penalised for underpayments
Three pharmacy operators caught underpaying two workers at separate pharmacies more than $67,000 were each liable for all contraventions as they operated as partners within a single entity. However, since most of the underpayments occurred before December 2012, the partners only had to pay back “the lower value of the penalty unit” as w...
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CFMEU hit with record $1m fine for secondary boycott breach
WFD: In a major ruling, the Federal Court has ordered the Construction Forestry Mining Energy Union (CFMEU) pay a record $1 million in penalties for secondary boycotts against building supplier Boral in 2014 ( WF 24/11/2017 ) . On February 12, the court declared that the CFMEU contravened the secondary boycott provisions under s 45D(1) of the Compe...
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Aerocare split shifts hearing is 'abuse of process': unions
WFD: Unions are seeking interlocutory relief for the Federal Court to either dismiss or permanently stay Aerocare's proceedings, as hundreds of airport workers prepare to strikes ahead of Friday's (February 16) hearing. Action is oppressive: Unions The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Transport Workers' Un...
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Court finds foreign consulates are not private sector employers
WFD: A "chauffeur-cum-messenger" for the Indian consulate in Sydney has failed to establish he is covered by the Clerks Private Sector Award, as the Federal Circuit Court (FCC) found foreign consulates are not private sector employers. Hitender Kumar took his unpaid wages case to the FCC as the Consulate General of India owed him thousands of dolla...
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Female workers at historic high as unemployment rate down to 5.5%
WFD: Australia's female labour force participation rate reached an historic high of 60.5%in January 2018, and overall employment increased by 16,000 jobs although most were part-time. The unemployment rate decreased 0.1 pts to 5.5%. However, the new Australian Bureau of Statistics Labour Force figures released this week revealed a decrease in full-...
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NSW Govt throws shade at PMB
An Opposition private member's Bill (PMB) in the NSW Legislative Assembly (LA) has been labelled as posing a “risk” to the state workers' compensation scheme ( WCR 26/09/17 ) . Hansard (February 15) reported Liberal LA member Damien Tudehope saying the Workers Compensation Amendment (Protection of Injured Workers) Bill 2017 “would...
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Dismissal not unfair, but hiring/firing processes ‘flawed'
Two prison officers who witnessed and then failed to report a serious assault on an inmate have lost a bid to have their sackings overturned, with the Fair Work Commission finding the pair engaged in “gross and wilful misconduct”. However, the commissioner lashed out at the way the employer handled the dismissal, labelling its process a...
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DP Sams slams union $214k wages claim against outback social club
The Fair Work Commission has slammed a union's claim for more than $214,000 in backpay for four former duty managers at an outback social club, saying it was “misconceived” and didn't consider the impact on the local community and 80 other employees if the well-frequented establishment were to close. Deputy President Peter Sams made the...
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Jobs - and job security - front and centre of Tasmanian election
Labor says it will tackle insecure work and create more full time jobs on the island state, with two weeks of campaigning left before the Tasmanian election on March 3. Shadow workplace relations minister Sarah Lovell said if elected the party would “keep jobs in Tasmania” and invest in regional economic development to create more jobs....
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No Court relief for sacked Aust Post rep who charged co-workers fees
An Australian Post employee sacked for charging his co-workers fees to act as workplace representative has lost a Federal Court bid for reinstatement. Aust Post sacked postie Quentin Cook in December 2015 after it discovered he had set up a private company which operated concurrently to his employment, and which charged co-workers fees for industri...
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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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Veteran ref settles unfair dismissal claim
Just weeks out from the first round of the National Rugby League (NRL), it has settled an unfair dismissal claim by a veteran referee sacked without explanation after 25 years in the game. Chris James sacking at age 40 allegedly came shortly after a meeting in which the NRL praised his performance and work. James was the second oldest referee in th...
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FWC OKs sacking for using mobile phone at work in breach of policy
The Fair Work Commission has upheld the sacking of a forklift driver who used his mobile phone on the job despite repeated warnings not to do so due to health and safety. Ceres Natural Foods sacked Jason Hansen in October last year. Hansen had worked for the company for seven years and was on a final warning for previous indiscretions. He was on a ...
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