WFD: The Fair Work Ombudsman (FWO) says 76% of 25 service stations investigated in the Caltex network are not complying with workplace regulations. And many Caltex franchise operators do not understand their requirements under the law, according to the FWO. A "compliance activity report", compiled after the FWO began investigating Caltex in 2016, h...
Three quarters of 25 Caltex service stations breaking workplace laws
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DP Clancy calls for F3 'legal representation' Fitzgerald tweak
WFD: The head of the Fair Work Commission's (FWC) termination of employment panel has called for a review of the unfair application dismissal employer response form in the wake of the so-called 'shadow lawyers' Fitzgerald decision ( WF 20/10/17 ). In Fitzgerald , a FWC full bench ruled lawyers and paid agents needed the cmn's permission to represen...
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CFMEU hit $817k for coercing, intimidating John Holland to sign EA
The Federal Court has slugged the Construction Forestry Mining Energy Union (CFMEU) and its officials $817,500 for a “deliberate, flagrant and systematic” campaign to coerce contractor John Holland Qld Pty Ltd to sign up to the union's enterprise agreement. The union ran illegal work stoppages at two Qld construction sites in 2013 - the...
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NSW junk laws allowing employers not to hire pregnant women
The NSW Parliament has repealed laws that allowed employers to not hire pregnant women in some circumstances. The Justice Legislation Amendment Bill 2018 passed the state's legislative assembly on Wednesday (March 7). The legislation repeals provisions in NSW's Anti-Discrimination Act 1977 that contained exemptions to let employers pass over pregna...
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CFMEU brushes ABCC boss
The Construction Forestry Mining Energy Union (CFMEU) has given the cold shoulder to a personal meeting invitation by new Australian Building Construction Commission boss Stephen McBurney. “I have written in similar terms to a range of building industry participants, including unions and employer groups, introducing myself and inviting them t...
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Union slugged $58k for short pants action as official skirts with PPO
The first judicial consideration of personal payment orders post the High Court's February instructions on the matter came this week in the Federal Circuit Court. Judge Sylvia Emmett fined the Construction Forestry Mining Energy Union (CFMEU) $51,000 and its official Pomare Auimatagi $7,500 after they encouraged workers to wear shorts and singlets ...
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Industry wants more protections for outsourcing, contracting
Australia's workplace relations laws need to change to help businesses restructure to compete with “digital disrupters”, the Australian Industry Group (AiGroup) says. In its submission to a Senate committee investigating the future of work in Australia, Ai Group said the country's workers and employers will survive technological change ...
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FWO underpayment probe in wake of Doughnut Time closures
The Fair Work Ombudsman (FWO) has confirmed it is investigating worker underpayment claims against international fast food store Doughnut Time. The company this week announced it would shut down four of its eight stores in Australia and the United Kingdom, after the business owner sold the company. Doughnut Time business owner Damian Griffiths said...
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Victoria calls for min wage increase
The Victorian Government says the national minimum wage should rise to $19 per hour, 71 cents higher than where it sits now, in a submission to the Fair Work Commission's next annual wage review. The increase would translate to a weekly 38-hour wage of $722, up from the current $694.90. The govt said the cmn's decision in setting minimum wages R...
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Court finds employer can treat entitlements in two jobs as separate
A worker has lost a claim for more than $200,000 in unpaid entitlements after the Federal Circuit Court found the hours he worked in two different Australia Post jobs should not be calculated cumulatively, which would have warranted overtime-related payments. Robert Lacson claimed the employer failed to pay his full entitlements for four years, inc...
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Editorial Team
Editor : Rajiv Maharaj, rajiv.maharaj@tr.com . Chief Journalist: Emily Woods, emily.woods@tr.com . Journalist: Steve Andrew. Managing Editor : Peter Schwab. Contact: (02) 8587 7454. Twitter : @WorkforceTR
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Microsoft study shines light on benefits of ‘digital transformation'
Australia's “digital transformation” will pump an estimated $45 billion into the country's gross domestic product by 2021, creating higher-quality jobs and increasing businesses' growth by 0.5% annually, research by Microsoft reveals. The Unlocking the Economic Impact of Digital Transformation in Asia Pacific study said Australia was ...
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FWC significant ruling on s386 ‘dismissal at employer initiative'
In a significant case on a “subject of considerable conjecture over many decades”, the Fair Work Commission has effectively given a worker who resigned a second crack at claiming unfair dismissal after her lawyer incorrectly based her case on the wrong “limb” of Fair Work Act s386(1) 's “meaning of dismissed”. Th...
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Bus drivers ‘not forced to work on public holidays': FCC
The Federal Circuit Court has tossed out a 2016 application claiming Ventura Transit Pty Ltd breached s114 of the National Employment Standards by denying a bus driver the right not to work on a public holiday. Gregory Paul Clark argued an agreement with the previous owner of the business Grenda ensured only bus drivers who wanted to work on public...
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Never better time for a big pay rise; ACTU calls for extra $50 a week
The peak union body has called for a record $50-a-week minimum wage increase, a claim employers say has been “picked out of the air” and could lead to mass lay-offs. The Australian Council of Trade Unions (ACTU) wants the minimum wage hourly rate bumped up from $18.29 to $19.60. ACTU secretary Sally McManus argued its Fair Work Commissi...
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ACTU Change the Rules campaign ‘disempowering workers': Lyons
Ex-ACTU assistant secretary Tim Lyons says the union movement's reliance on a message of changing IR laws - ie the ACTU's Change The Rules campaign - is sending a “disempowering signal” to workers. “I am concerned for a number of reasons about unions relying on a message about the need for law reform ... to support a narrow politi...
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Australia losing its brightest minds to overseas jobs, tech founder says
Atlassian co-founder and chief executive Michael Cannon-Brookes says Australia is losing its brightest technological minds to overseas, as there are not enough jobs to keep them at home. “Eight out of 10 of the top university graduates are moving overseas and working for technology companies like Facebook and Microsoft, because we don't have ...
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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 7454. Twitter : @WorkforceTR
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FWC removes ‘overpaid' workers from council EA to lower NFP deal
A seemingly innocuous Fair Work Commission transfer of business decision could make it easier for councils to outsource workers to third party not-for-profit (NFP) service providers particularly in the aged care and community services sector. The decision, which a national law firm has highlighted to its local government clients (see below) , saw t...
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Employers can require medical test for workers on paid personal leave
In what the Federal Circuit Court describes as a “novel” adverse action case, it has rejected a personal assistant's argument that Monash Health sacked her by “unlawfully” telling her to undergo an independent medical assessment (IMA) when on paid personal leave. Leigh Swanson unsuccessfully argued she didn't need to prove t...
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