In yet another judicial rebuke of the construction union, Federal Court Justice Geoffrey Flick has fined the union and one of its officials $105,000 for stopping two non-financial members from working at the Quest Apartments construction site in Melbourne ( WF 8/12/2017 ) . The Court found that at a site induction in March 2014, Construction Forest...
‘Deplorables' hit $105k: CFMEU notches up 135 offences in 15 years
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FWC majority quashes South32 ‘mine not a convent' reinstatement
A Fair Work Commission full bench majority has overturned the reinstatement of a construction union lodge president who was sacked for swearing and threatening co-workers. In a well-publicised decision , Commissioner Bernie Riordan found the Illawarra Coal-owned South32 over-reacted to Matthew Gosek's foul-mouthed tirade and ordered he be reinstate...
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Hot-desking challenge fails, ASU eyes unprecedented Fed Ct appeal
The Australian Services Union (ASU) has lost an attempt to stop the Australian Tax Office (ATO) from rolling out hot-desking, with a Fair Work Commission (FWC) full bench deciding the enterprise agreement's (EA) wording on shared desks was clear and unambiguous. The union argued the ATO was prohibited from adopting hot-desking by clause 87 in the 2...
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Degani Café caught asking staff to lie about the hours they worked
A Melbourne café franchise owner has been accused of underpaying staff, including teenaged and migrant workers, more than $12,000 in wages. Owner of Greensborough Degani Café in Melbourne's north-east, Sajid Amin and his company SHMAP Group Pty Ltd, faced the Federal Circuit Court on press day (February 26) after the Fair Work Ombudsman (FWO) comme...
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Equal pay ‘pioneer' dies aged 90
The union movement has paid tribute to Zelda D'Aprano, one of the first Australians to fight for equal pay for women. Last week (February 21), D'Aprano passed away peacefully in the Melbourne suburb of Carlton at the age of 90, surrounded by family. After her marriage ended, aged 37, D'Aprano began working at the Meat Industry Union, and found a lo...
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Editorial Team
Editor : Rajiv Maharaj, rajiv.maharaj@tr.com . Chief Journalist: Emily Woods emily.woods@tr.com . Managing Editor : Peter Schwab. Contact: (02) 8587 7681. Twitter: @WorkforceTR
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Second time lucky: Bupa Vic EA gets tick of approval
Nurses and carers at Victorian Bupa aged care homes will receive an 11.25% wage increase over three years, backpay and improved conditions, after a 37-day industrial action campaign saw the employer up its previous pay offer. However, due to a paperwork error, two worker ballots were required. The first ballot, in mid-December, saw a 94% yes vote f...
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FWC suspends Glencore lock-out for three weeks for fresh EA vote
The 230-day lock-out of workers at Glencore's Oaky North mine is over - for now at least - with the Fair Work Commission (FWC) ordering the mining giant to allow 175 workers to return to work ahead of a fresh enterprise agreement (EA) vote on March 27. Yesterday (February 26), Commissioner Paula Spencer suspended the lock-out for three weeks after ...
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Workers struggle to prove victimisation after dismissal
Workers sacked after making a complaint find it is nigh impossible to prove that was the reason for their dismissal, an Australian study reveals. The study of 30 court cases found in part that's because the way courts interpret employment law gives employers “excessive managerial powers”, study co-author Elizabeth Shi wrote in The Conve...
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20,000 public tip-offs for FWO
The Fair Work Ombudsman hasreceived more than 20,000 tip-offs alleging potential workplace breaches since it launched an anonymous report tool in mid-2016, the agency has revealed. FW Ombudsman Natalie James said the tip-offs were delivering results. “The reports we receive enable us to identify trends and generate leads for our inspectors to...
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Editorial Team
Editor : Rajiv Maharaj, rajiv.maharaj@tr.com . Chief Journalist: Emily Woods emily.woods@tr.com . Managing Editor : Peter Schwab. Contact: (02) 8587 7681. Twitter : @WorkforceTR
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New Coles EA voted in, as unions point the finger at each other
A new Coles agreement has passed its first test, with 90% of 48,000 workers who voted approving the 2017 Supermarkets Enterprise Agreement . However, the Shop, Distributive and Allied Employees Association (SDA) has been accused of “suppressing the no vote” by telling members a no vote would see their wages cut. SDA rival the Retail and...
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FWO takes Spotless to Court to test redundancy pay exemptions
The Fair Work Ombudman (FWO) has launched Federal Court proceedings against Spotless in a test case on the exemptions employers can claim when paying out retrenched workers. The case involves three workers owed more than $29,000 in redundancy payments after hospitality services provider Spotless ended its contract with Perth International Airport. ...
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FWC says decision on super union merger next week
A contempt case over last year's Webb Dock blockade may result in criminal convictions against two unions, employers have argued in their final attempt to stop a proposed union merger. A second directions hearing was held on press day (February 28) in the Fair Work Commission (FWC) on the amalgamation of the Maritime Union of Australia (MUA), the C...
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EA breakthrough as Murdoch Uni & NTEU agree to in-principle deal
Murdoch University and the National Tertiary Education Union(NTEU) have signed off on an in-principle enterprise agreement, the union has revealed to Workforce Daily today. If voted up, it will bring to an end years of bargaining bad blood between Murdoch Uni management and NTEU Western Australia branch officials; a fractured state of affairs, whic...
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Editorial Team
Editor : Rajiv Maharaj, rajiv.maharaj@tr.com . Chief Journalist: Emily Woods emily.woods@tr.com . Managing Editor : Peter Schwab. Contact: (02) 8587 7681. Twitter : @WorkforceTR
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FWO seeks compo in novel case where ‘victim' was in on dodgy deal
The Fair Work Ombudsman has run a “novel” test argument by seeking compensation orders in a Fair Work Act s550 accessorial liability case involving a prominent Melbourne dentist. In a 171-page decision exploring in detail major IR case law on accessorial liability, Federal Circuit Court Judge Anthony Kelly found dentist Dr Ari Masters a...
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SA labour hire scheme begins
South Australia's labour hire laws come into effect tomorrow (March 1), but labour hire providers will have until September 1 to become licensed. From tomorrow, it will also be unlawful for employers to engage unlicensed operators. The state passed a bill in November last year, making it illegal for labour hire businesses to operate without a licen...
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ASU gives short shrift to EA offer
The Australian Services Union (ASU) has condemned Bupa's latest enterprise agreement (EA) offer to workers, claiming it will leave them worse off. The union is especially critical of the health insurer's plan to reduce the notice period on redundancies from eight to four weeks - and link salary increases to performance reviews, with no fixed pay in...
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Third day of hearings into employer right to terminate agreements
On press day (March 1), the coal-mining union was due to start presenting its argument in an important case looking at the ability of employers to terminate enterprise agreements ( WF 23/2/2018 ) . The hearing before Fair Work Commission Deputy President Jonathan Hamberger is exploring whether the miner-owned Port Kembla Coal Terminal (PKCT) can te...
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