WFD: A Fair Work Australia full bench has recommended changes to the Fair Work Rules 2010 after it junked three enterprise agreements for Victorian nurses because the employer bargaining representative did not have written authorisation to sign off on the deals. In what the bench described as "bizarre" circumstances, Kaizen Hospitals appealed Deput...
Bench junks hospital EAs due to no written authority for bargaining rep
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Employer allegedly used IFAs as carrot/stick inducement to quit TWU
WFD: Fair Work Australia has rejected an employer's bid to keep individual flexibility agreements (IFA) with its workforce confidential. The Transport Workers Union (TWU) alleged employer Arkwood Organic Recycling in Brisbane used IFAs to induce members to quit the union. Commissioner Ingrid Asbury issued s483 orders (access to non-union member rec...
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FSU calls for ANZ job security guarantee in wake of $5.6bn profit
The Finance Sector Union has called on ANZ Bank to guarantee job security for employees following the bank's announcement this week of a $5.6bn profit, up 6% on last year. FSU national secretary Leon Carter said more than 1,000 ANZ employees were retrenched in 2012, with the bank offshoring about 3,000 jobs in recent years. “There is no excus...
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Tribunal rejects 'slavery' complaint
WFD: A Fair Work Australia applicant has failed in his attempt to invoke the Slave Trade Act in his appeal against Coles Supermarket's decision to transfer him to another store. Minhaj Mansoor alleged Coles transferred him to another store by force and cited discrimination and bullying legislation as well as the Slave Trade Act 1824(UK) as grounds ...
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FWA to promote model productivity clauses
WFD: Fair Work bodies have signed a memorandum of understanding to work together on productivity, including by promoting model provisions in workplace agreements. Under the initiative announced last Friday (October 19), Fair Work Australia, Fair Work Building and Construction and the Fair Work Ombudsman will identify best practice productivity meas...
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Qantas IR, Noonan, Kearney, Willox, VP Watson confirmed for WFC 2012
Qantas IR plans for 2013 and beyond, Facebook-related dismissals, FWA Vice President Graeme Watson on building consensus around productivity, the FWO on the latest trends on workplace discrimination, and the ACTU's Ged Kearney and Ai Group's Innes Willox go head-to-head at this year's 11th annual Workforce Conference in Melbourne on November 16. Ot...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021718445. Twitter: @WorkforceTR
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FWA rejects call for broad modern award review scope for apprentices
In a significant jurisdictional decision, a Fair Work Australia full bench has rejected the Federal Government's push for a general review of apprentice training arrangements in all modern awards. The bench - Senior Deputy President Justice Alan Boulton, SDP Anne Harrison and Commissioner Julius Roe - ruled it would only review training arrangement...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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McClelland slams RO Act, criticises FWA GM for HSU investigation
Labor MP and former Attorney General, Robert McClelland has criticised the Fair Work Australia general manager (GM) for creating “administrative paralysis” by unnecessarily investigating the allegations against the Health Services Union (HSU) before pursuing court action. McClelland, currently working as an IR barrister, argued the Fair...
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Linfox crib rates based on incorrect award interpretation
The Transport Workers Union (TWU) has succeeded in overturning a Fair Work Australia decision that ruled crib breaks taken during overtime should be paid at ordinary hours. The full bench decision means Linfox Australia Pty Ltd could be responsible for more than 12 months of underpayments after it unilaterally cut the break rates when introducing i...
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FWA to trial adverse action pre-hearing screening pending pilot result
Fair Work Australia President Justice Iain Ross has flagged a new scheme to road-test the merits of self-represented adverse action claims with community legal aid organisations before the cases are put forward to FWA. Justice Ross revealed the proposed national scheme earlier today in a Future Directions document outlining FWA's plans for the next...
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Adverse action reach extends further into state law
The Federal Magistrates Court has ruled an adverse action claim can arise from workplace rights derived from the Workplace Injury Management and Workers Compensation Act 1998 (NSW) [WIM Act] . Similarly to last year's Stephens v Australia Post decision , Federal Magistrate Robert Cameron's ruling extends the body of case law defining the jurisdicti...
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No excuse not to consider interstate redeployment in 21 st century
Fair Work Australia has found a retrenched construction worker was unfairly dismissed because his large national employer failed to consider redeployment opportunities interstate. In his decision proposing reinstatement if a position was soon available, Commissioner John Lewin said in the 21 st century interstate redeployment was now “notorio...
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Court allows FWO Coles case after considering ‘broad' scope of Act
Coles has failed to persuade the Federal Court to throw out a Fair Work Ombudsman's case that it was “knowingly” involved in subcontractor underpayments of shopping trolley collectors. However, it succeeded in narrowing the scope of the allegations. Coles had sought summary judgment of the FWO case in the Federal Court (WF18112) after a...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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FWO lawyer to reveal latest trends in w/place discrim & bullying
Fair Work Ombudsman principal lawyer Fiona Knowles will reveal the latest trends and issues in workplace discrimination & bullying at the 11 th annual Workforce Conference in Melbourne on November 16. And Maurice Blackburn's Siobhan Keating will go through the finer points of handling unfair dismissal claims. Also at this year's conference: Qan...
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Linfox to appeal Facebook case to Federal Court
Linfox has filed appeal proceedings in the Federal Court seeking to quash Fair Work Australia's full bench Linfox v Stutsel decision ( WF18415 ) . That decision upheld Commissioner Michael Roberts' reinstatement of a worker dismissed for making derogatory comments about managers and co-workers on Facebook (WF18055) . It is understood the case was t...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab.
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FW Bill tweaks around the edges, but new VP jobs raise eyebrows
Workplace relations minister Bill Shorten has introduced legislation into Parliament to make some of the changes to the Fair Work Act as recommended by the FW Act Review panel ( WF18435 ) . Shorten signposted the non-controversial changes well in advance of tabling the Fair Work Amendment Bill 2012 late yesterday, with no concessions made to employ...
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