WFD: The Federal Court has ruled that a union member holding a sign attacking co-workers for being "scabs" during the Bowen Basin mine strikes was exercising a protected right and his dismissal for such conduct breached the Fair Work Act. The court found holding such a sign could not be considered adverse action because it did not prejudice workers...
Fair Work Act protects 'scab' signs
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Full Bench rejects Aldi's version of opt-out clauses
WFD: 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 Bernie ...
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No BOOT role for non-award EA
WFD: 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 De...
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457 research report says Aussies have unrealistic pay expectations
WFD: A new research report has backed the resource sector's use of 457 temporary skilled labour. The Edith Cowan University study said Australian workers were reluctant to relocate from eastern states to Western Australia. Many domestic candidates held "unrealistic" pay expectations, making them an "uncompetitive recruitment option", the report sai...
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FWA rejects conspiracy to dismiss worker over super investigation
WFD: 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 its cli...
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NSWIRC spared amalgamation - for now
WFD: 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 consol...
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Construction industry contraction slows in Oct, but outlook still weak
WFD: The national construction sector contracted at a slower rate in October, the latest Australian Industry Group/Australian Housing Association performance index has revealed. The sector contracted at a slower rate in Oct, recording 35.8 - an increase of 4.9 points on the previous month (readings below 50 indicate a contraction). However, the sec...
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Road Safety tribunal to look at pay, super and freedom of association
WFD: 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 resolut...
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Services sector still in slump
WFD: 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, ...
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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 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...
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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. Journalists: Steve Andrew, Paul Karp. Managing Editor: Peter Schwab. Product code: 314021718465.
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CFMEU considers legal challenge seeking clarity on use of ‘scab' word
The Construction Forestry Mining Energy Union (CFMEU) is considering an appeal against a Federal Court decision that BHP Coal did not take adverse action against a union delegate it stood down for shouting “scab c**t” at a former union member who drove past a Bowen Basin picket line. The use of the word ‘scab' has been brought int...
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FWA adopts hardline on porn emails in Star casino firing
A security supervisor fired from Sydney's Star casino for emailing more than 2,800 images of pornography via his work email has failed to be reinstated after Fair Work Australia ruled it was common sense not to send such material. Commissioner Helen Cargill rejected security supervisor Ihab Shoukry's defence he was not specifically trained in the c...
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Top law firms shoot down award coverage bid, including gown costs
Fair Work Australia has rejected an Australian Services Union (ASU) push to have private sector lawyers with less than five years' experience covered under the Legal Services Award. The union also sought to have law firms foot the bill for barrister's apparel and Law Society dues. The Australian Industry Group, the Australian Federation of Employer...
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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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Report ‘shatters' link between productivity and IR reform
The nation's slowdown in productivity has been “misinterpreted and exaggerated” to justify labour market deregulation that has little relevance to future productivity performance, a new study by economists and business academics has claimed. The McKell Institute's Understanding Productivity: Australia's Choice report released today argu...
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Simple meaning approach to EA clauses ignores historical factors
A Fair Work Australia full bench has quashed a decision supporting an employer's claim it had misapplied agreement clauses and overpaid workers annual leave and flexibility loading over many years. The purported overpayments were only discovered with the introduction of new payroll software. Unions claimed the superior leave and flexibility loading...
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36-hour strike at Blair Athol mine
Soon-to-be-retrenched workers at Rio Tinto's Blair Athol mine in Central Queensland started industrial action today (November 13). The Construction Forestry Mining Energy Union (CFMEU) claims its 30 members at the mine could be as much as $100,000 worse off in redundancy payouts compared to non-union workers on individual contacts when the mine clo...
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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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