The Full Court of the Federal Court has upheld the Communications Electrical Plumbing Union's (CEPU) appeal against Justice Nye Perram's controversial decision that resulted in the NSW Electrical Trades Union (ETU) losing its votes on the union's national council. The Full Court - Chief Justice Patrick Keane and Justices Peter Buchanan and John Dow...
Full Court delivers win to CEPU in branch war
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Full bench refuses to impose income protection scheme
A Fair Work Australia full bench has quashed an arbitrated decision to provide a new income insurance scheme for Victorian firefighters after considering the jurisdictional difficulties of binding insurers was a “powerful reason” against imposing such schemes. The full bench's decision, which also rejected an alternative “leave ba...
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Fed Court throws out seaman's $7.4m-plus unpaid wages claim
The Federal Court has rejected a seaman's claim for more than $7.4 million in unpaid wages based on “archaic” penalty provisions in the Navigation Act 1912 . In the long-running case of Visscher v Teekay Shipping , Justice Anna Katzmann ruled the Act did apply to merchant seaman Timothy Visscher's claim. However, she found Teekay shippi...
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ACCI will only support Watson & Lawler for new VP positions
At presstime, the Australian Chamber of Commerce & Industry (ACCI) released to Workforce Daily its submission to the Senate inquiry into the Fair Work Amendment Bill 2012 . The submission slams workplace relations minister Bill Shorten's plan to create two new vice president positions at Fair Work Australia. ACCI will only support the concept i...
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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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AMMA attacks new FWA VP jobs, slams Opposition as scared rabbits
The Australian Mines & Metals Association (AMMA) has upped the criticism of moves to create two new statutory vice president roles at Fair Work Australia, arguing Labor is “stacking” the tribunal. Its submission to the Senate inquiry into the Fair Work Amendment Bill 2012 reinforces concerns raised by the Australian Chamber of Comme...
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ETU Vic to raise further evidence of electoral irregularities
The Electrical Trades Union (ETU) Victorian branch will seek to push new grounds for an electoral inquiry into the union's national executive in the wake of this week's Federal Full Court decision that undermines the Vic branch's arguments (WF18472) . Federal Court Justice Geoffrey Flick today directed the branch to apply by November 20 whether it ...
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FWA rejects ‘receivership' defence in unfair dismissal claim
Fair Work Australia (FWA) will hear an unfair dismissal application by two former Allans Billy Hyde Music (ABHM) workers, rejecting the employer's argument the matter couldn't be heard because the company was “in receivership”. Australian Music Group trading as ABHM argued s440D of the Corporations Act prevented applicants issuing court...
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WA releases IR reforms
The Western Australia Government is seeking public comment on a raft of IR reforms. It introduced the draft Labour Relations Legislation Amendment and Repeal Bill 2012 in the state Parliament yesterday, with submissions closing on January 31, 2013. Heading the bill is a plan to overhaul the state's private sector awards system, which covers about 1...
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3.7% rise in yearly wage price index
The wage price index (WPI) rose 3.7% in the 12 months between September 2011 and 2012, latest Australian Bureau of Statistics figures reveal. Increases ranged from 2.3% for retail trade to 5.3% for wholesale. The overall WPI rose 0.9% on the July, 2012 figure.
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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. Twitter: @WorkforceTR
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Full Court delivers win to CEPU
WFD: The Full Court of the Federal Court has upheld the Communications Electrical Plumbing Union's (CEPU) appeal against Justice Nye Perram's controversial decision that resulted in the NSW Electrical Trades Union (ETU) losing its votes on the union's national council. The Full Court - Chief Justice Patrick Keane and Justices Peter Buchanan and Joh...
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Full bench refuses to impose income protection scheme
WFD: A Fair Work Australia full bench has quashed an arbitrated decision to provide a new income insurance scheme for Victorian firefighters after considering the jurisdictional difficulties of binding insurers was a "powerful reason" against imposing such schemes. The full bench's decision, which also rejected an alternative "leave bank" option, f...
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FWA adopts hardline on porn emails in Star casino firing
WFD: 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 ...
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Fed Court throws out seaman's $7.4m-plus unpaid wages claim
WFD: The Federal Court has rejected a seaman's claim for more than $7.4 million in unpaid wages based on "archaic" penalty provisions in the Navigation Act 1912 . In the long-running case of Visscher v Teekay Shipping , Justice Anna Katzmann ruled the Act did apply to merchant seaman Timothy Visscher's claim. However, she found Teekay shipping had ...
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CFMEU considers legal challenge seeking clarity on use of 'scab' word
WFD: 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 into a focus by ...
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Simple meaning approach to EA clauses ignores historical factors
WFD: 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 lo...
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ACCI will only support Watson & Lawler for new VP positions
WFD: The Australian Chamber of Commerce & Industry (ACCI) has slammed workplace relations minister Bill Shorten's plan to create two new vice president positions at Fair Work Australia. In its submission to the Senate inquiry into the Fair Work Amendment Bill 2012 , ACCI says it will only support the concept if current VPs Graeme Watson and Mic...
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36-hour strike at Blair Athol mine
WFD: Soon-to-be-retrenched workers at Rio Tinto's Blair Athol mine in Central Queensland started industrial action on Tuesday (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 th...
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FWA rejects 'receivership' defence in unfair dismissal claim
WFD: Fair Work Australia (FWA) will hear an unfair dismissal application by two former Allans Billy Hyde Music (ABHM) workers, rejecting the employer's argument the matter couldn't be heard because the company was "in receivership". Australian Music Group trading as ABHM argued s440D of the Corporations Act prevented applicants issuing court procee...
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