Qantas IR plans for 2013 and beyond, Facebook-related dismissals, FWA VP 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. Other speakers...
Qantas IR, Noonan, Kearney, Willox, VP Watson confirmed for WFC 2012
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Diary
National Community Summit on Insecure Work in Australia: Nov 22-23, Old Parliament House, Canberra. LabourStart 3rd Annual Global Solidarity Conference: Nov 26-28, NSW Teachers' Federation, Surry Hills, Sydney.
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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: 314021718455. Twitter: @WorkforceTR
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Progressive PSA takes helm in NSW
The Progressive PSA (PPSA) has won control of the 45 member central council of the NSW Public Service Association. The win, following general secretary candidate Anne Gardiner's success on Wednesday (see, Progressive PSA election win promises 'big shakeup' of union, below) , represents a seismic shift in the NSW IR landscape, with ramifications for...
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Employer slugged $50k, temporal proximity of adverse action fatal
The Federal Magistrates Court has awarded a woman $20,000 compensation in an adverse action case where the “temporal proximity” between lodging a complaint for unpaid wages and being sacked proved decisive in determining the employer's real reason for dismissal. Employer Slondia Nominees Pty Ltd has been fined a further $30,000. FM Stua...
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Progressive PSA election win promises 'big shakeup' of union
WFD: At presstime on Wednesday (October 31), left-leaning candidate Anne Gardiner has achieved a decisive victory in the election for general secretary of the NSW Public Service Association (PSA), defeating long-standing secretary and Australian Labor Party supporter John Cahill. If Gardiner's Progressive PSA (PPSA) ticket replicates her success, t...
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MUA WA and officials fined $36k fines over unlawful industrial action
The Federal Court has fined the Maritime Union of Australia (Western Australia branch) and two of its officials a total of $36,300 over unlawful industrial action at two WA ports in 2009 and 2010. The court fined branch secretary Chris Cain $2,640 and assistant secretary Will Tracey $7,620 over the incidents. The first involved unlawful industrial ...
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Linfox to appeal Facebook case to Federal Court
WFD: 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 ...
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CFMEU hoses down talk of cracks in Bowen Basin deal
Lead union the Construction Forestry Mining Energy Union (CMFEU) has hosed down talk of “cracks” in the still-drying Bowen Basin mines agreement with BHP Billiton Mitsubishi Alliance ( WF18445 ) . In an interview with a local regional newspaper, Australian Manufacturing Workers Union (AMWU) Bowen Basin local organiser Jason Lund predict...
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Adverse action reach extends further into state law
WFD: 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 juris...
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Cmr slams FWA-FWO confusion in late unfair dismissal claim
Fair Work Australia Commissioner Geoffrey Bull has accepted an out of time unfair dismissal claim after accepting the applicant had confused FWA with the Fair Work Ombudsman when lodging her claim. Cmr Bull said the “public confusion between the two statutory bodies FWA and FWO is notorious”, and allowed Patricia Bucknor's claim against...
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Services sector still in slump
The services sector continued to shed jobs in October, the latest Australian Industry Group/Commonwealth Bank performance of services index has revealed. The sector's employment sub-index decreased by 4.3 points in October to 44.1 (readings below 50 represent a contraction in activity).The services sector makes up 75% of the economy. Overall, the s...
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Road Safety tribunal to look at pay, super and freedom of association
Road Safety Remuneration Tribunal (RSRT) inaugural President Jennifer Acton has released a draft of the tribunal's first annual work program. The draft proposes more than 20 areas to review in 2013 including transport industry pay (including methods and timeliness), working hours, annual leave and superannuation, insecure work, dispute resolution p...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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NSWIRC spared amalgamation for now
The NSW Industrial Relations Commission is not among the 23 tribunals the State Government is amalgamating to become the NSW Civil and Administrative Tribunal. NSW Attorney General Greg Smith confirmed the creation of the new super tribunal on October 26, but said "the Industrial Relations Commission (IRC) is not one of the bodies to be consolidate...
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Full Bench rejects Aldi's version of opt-out clauses
A Fair Work Australia full bench has rebuffed supermarket Aldi's attempt to overturn a decision rejecting its proposed agreements that unions said would “radically re-define” enterprise agreements (EAs) (WF18145). The full bench - Senior Deputy President Justice Alan Boulton, Senior Deputy President Matthew O'Callaghan and Commissioner ...
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BOOT ‘no role to play' for non-award EA
A Fair Work Australia full bench has ruled that an enterprise agreement covering non-award employees does not have to satisfy the Better Off Overall Test (BOOT). It also found that a provision contravening state legislation does not prevent an agreement's approval even though in this instance the state law prevailed. The full bench - Senior Deputy ...
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FWA rejects conspiracy to dismiss worker over super investigation
A businessman “embroiled” in one of the biggest frauds in Australia's superannuation history has been linked to an investigation over the alleged non-payment of superannuation to a worker, an unsuccessful unfair dismissal claim reveals. Marie Vidaic accused her employer and contractor Market St Holdings Pty Ltd (MSH) of conspiring with ...
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Editorial Team
Editor: David Marin-Guzman (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Airline safety duties not a ‘workplace right'
At presstime, the Federal Court had ruled that duties and obligations under civil aviation regulations do not constitute a workplace right after rejecting licensed aircraft maintenance engineers' adverse action claim. The Australia Licensed Aircraft Engineers Association launched the adverse action claim on behalf of six Sunstate engineers who refu...
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