WFD: Construction Forestry Mining Energy Union (CFMEU) construction division national secretary Dave Noonan has argued the Fair Work Act needs to make clear that collective agreements must be concluded so as to prevent employers from exploiting ambiguities and engaging in surface bargaining. Speaking at the Workforce conference last Friday, Noonan ...
FW Act needs to address tension between GFB and no concessions
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Phone employer before FWA
Avoid Fair Work Australia if you can, pick up the phone and cut a deal with the employer. That was the candid advice to Workforce Conference delegates from Maurice Blackburn employment law principal Terri Butler. “This might be a bit controversial but I would say bypass FWA,” she said. Butler said FWA's 90-minute telephone-based concili...
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Revenge of the nerd: FM upholds medical certificate for TV contestant
WFD: A weather observer and Beauty and the Geek contestant has won reinstatement after a court found his employer took adverse action against him by sacking him for planning to appear on the reality television show while on sick leave. On July 26, 2011, the Bureau of Meteorology (BoM) sacked relief weather observer Adam Marshall, arguing "surroundi...
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Tax dishonesty not relevant to 'trust and confidence' obligation
WFD: The Federal Magistrates Court has rejected an employer's claim a worker's false tax returns were grounds for dismissal because they breached implied trust and confidence obligations. The worker said she managed the business's financial records, but Federal Magistrate Norah Hartnett ruled there was no "relevant connection" between the worker's ...
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Dismissal applicant to pay costs due to failure to seek legal advice
WFD: Fair Work Australia has ruled an unrepresented unfair dismissal applicant should pay her employer's costs because she failed to seek legal advice that her claim was without reasonable prospects of success due to her signing a termination and release agreement (TRA). However, Commissioner Michelle Bissett reduced those costs to 25% of the total...
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FWBC goes multilingual
Fair Work Building & Construction (FWBC) has launched new resources for construction industry workers from culturally and linguistically diverse (CALD) backgrounds. FWBC chief executive Leigh Johns said CALD workers are vulnerable due to a limited understanding about their workplace rights or how to seek help. “To address this, we have tr...
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Diary
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: 314021718485. Twitter: @WorkforceTR
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Vic leading in challenge to NSW control of state public sector unions
At presstime, Community Public Sector Union Victoria secretary Karen Batt appeared poised to take the head of the state public sector federation (SPSF) from long-time incumbent David Carey, potentially challenging more than a decade of NSW-centric leadership. At 2pm, Batt was leading with about 45% of vote for federation secretary against about 39%...
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Shorten rejects union attack on CBUS
Workplace Relations Minister Bill Shorten has confirmed he won't support union tactics pressuring construction industry superannuation fund CBUS not to invest in Grocon projects. “There is no role for industrial relations tactics in the allocation of investment decisions for members' superannuation funds,” a spokesperson for the ministe...
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Ex-FWA cmr becomes consultant
Retired Fair Work Australia commissioner Greg Harrison has taken up an advisory role with employer workplace law firm People + Culture Strategies (PCS). PCS founder and managing partner Joydeep Hor announced Harrison would act as a consultant for the specialist law firm following a seminar on sexual harassment last night. The long-serving cmr and f...
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Greens target insecure work
Greens deputy leader Adam Bandt has unveiled a Bill that would amend the Fair Work Act to enable casual workers to ask their employer to be made permanent. The Fair Work Amendment (Tackling Job Insecurity) Bill 2012 targets issues raised by the ACTU-commissioned ‘Lives on Hold' inquiry and report ( WF18215 ) , conducted by the ex-deputy PM Br...
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Tertiary ‘requirement' not an excuse for skills mix redundancy
Fair Work Australia has found an employer's retrenchment of its financial controller due to his lack of a tertiary degree was not genuine because the controller had previously performed the “additional” duties now said to require qualification. On August 19, 2011, Queensland car dealership Toowong Mitsubishi (TM) dismissed its financial...
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ETU Vic flags High Court appeal but gives go ahead to council meeting
The Electrical Trades Union Victoria is intending to lodge a High Court appeal against the Full Court decision restoring NSW branch voting rights in union elections and the national divisional council ( WF18475 ) . However, Workforce Daily understands the Communications Electrical Plumbing Union will likely hold a divisional council meeting early n...
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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. Product code: 314021718491. Twitter: @WorkforceTR
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HSU Vic No 3 results come in
At presstime, Clean Sweep candidate Craig McGregor was leading in the vote for secretary of the Health Services Union Victoria No 3 (Health Professionals) branch. Workforce Daily understands McGregor has won the group ticket ballot by 771 votes to Kathy Jackson-backed rival Fleur Behrens' 665 votes. Counting is now underway of the 500 mixed ballots...
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Batt wins federation secretary
Community Public Sector Union Victoria secretary Karen Batt has been confirmed as the new secretary of the state public sector federation ( WF18485 ) . Batt won a majority for the position on preferences from Progressive Public Service Association candidate Belinda Sugden. Batt led the primary vote against long-time incumbent David Carey by 45% to ...
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Senate passes GEERS II, Abetz warns PIGS fate awaits
The Senate has passed the Federal Government's Fair Entitlements Guarantee Bill 2012 boosting redundancy payments . The legislation amends the Howard era General Employee Entitlements and Redundancy Scheme (GEERS) by locking in uncapped redundancy entitlements of up to four weeks per year of service upon insolvency of the employer, and removes the ...
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New ‘non political' union seeks to test ‘more conveniently belong' rule
A massive group of unions have joined forces to oppose the registration of a new “non-politically aligned” union whose vague membership rules potentially open it up to all workers in Australia at a charge of only $2. Fourteen unions from Tasmania and Sydney, as well as an Australian Industry Group representative, appeared before Fair Wo...
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Inquiry says FW Act capacity to cover workplace bullying ‘unclear'
A federal parliamentary inquiry has recommended individuals be given specific recourse to Fair Work Australia-style mediation and adjudication over workplace bullying disputes, but has stopped short from saying the Fair Work Act should be extended to cover such claims. The House Standing Committee on Education and Employment's workplace bullying re...
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