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New 'non political' union seeks to test 'more conveniently belong' rule

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WFD: 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 Work Aust...

Hayes declares victory in HSU boss vote but mixed exec still possible

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WFD: Ex-Health Services Union (HSU) assistant secretary and former ally of Michael Williamson, Gerard Hayes, has declared victory in the election for NSW general secretary, promising no individual will ever again be above the union. Workforce Daily understands Hayes beat Kathy Jackson ally Katrina Hart by 4%, or only a few hundred votes out of the ...

FWA orders halt to unprotected action at Port Kembla rail facility

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WFD: Fair Work Australia has ordered a halt to unprotected industrial action at Downer EDI Rail's rail freight maintenance facilities at Port Kembla. The tribunal found Australian Manufacturing Workers Union (AMWU) on behalf of workers authorised a stop work on November 22 after a storeman was sacked the day before. The union sought an on-site meet...

McGregor knocks off Behrens to take HSU Vic No 3 branch

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Meanwhile, Craig McGregor was confirmed as the new secretary of the HSU Victoria No 3 branch, beating Kathy Jackson ally Fleur Behrens. McGregor told Workforce Daily his priority was restoring the branch membership, which had dropped from a peak of 5,500 to about 3,460. He said he would ensure the branch secretary was "not running the show" and tha...

Tertiary 'requirement' not an excuse for skills mix redundancy

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WFD: 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 contro...

Greens target insecure work

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WFD: 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 Bri...

Greens get state jobs cull inquiry

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The Senate has okayed a Greens push for a federal inquiry into state public sector job cuts. Queensland Senator Larissa Waters moved the motion calling for the inquiry. She said the inquiry would ensure state government employees retrenched in Qld and NSW had the same workplace rights as their federal counterparts. "Campbell Newman has slashed 14,0...

Lindeman's winery lockout stoush ends with new pay offer

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The Australian Workers Union (AWU) said Lindeman's-owned Treasury Wine Estates “over-reacted” when it locked out more than 60 workers in Victoria this week. The lockout - the company's response to work bans - resulted in more than 20 police attending the winery on Tuesday (November 27). Workers instituted industrial action to support ne...

Pilot sacked after failing drug test

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The Royal Flying Doctor Service (RFDS) will re-examine its random drug and alcohol testing regime after a pilot was dismissed for testing positive to a banned substance prohibited under the RFDS's drug and alcohol policy. RFDS sacked the pilot on November 20 following a "disciplinary process" after an incident on a flight from Bundaberg to Brisbane...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021718495. Twitter: @WorkforceTR

ALAEA win against rival Jetstar employer ‘union'

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The Australian Licensed Aircraft Engineers Association (ALAEA) is claiming a victory in Fair Work Australia against Jetstar's so-called “yellow union” after the tribunal ruled it was not a legitimate consultative body. Commissioner Suzanne Jones ruled Jetstar had breached its enterprise agreement (EA) obligations to consult engineers ov...

FWA raises medical condition bar for exceptional circumstances

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Fair Work Australia has ruled out an extension of time for an unfair dismissal applicant after finding it was not enough to establish a medical condition or a legal representative's inaction to demonstrate exceptional circumstances. Senior Deputy President Anne Harrison held the applicant must also prove she could not take any further action, inclu...

Fair Work Commission, new VPs in as Senate OKs FW Act changes

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WFD: The Senate has passed the Fair Work Amendment Bill 2012, but Workforce Daily understands there is "widespread and serious disquiet" within Fair Work Australia over two new statutory-appointed vice president positions. The Coalition strongly opposed the Bill and proposed a raft of changes. It was particularly opposed to the new VP roles. Howeve...

ETU factional war heats up

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WFD: Internal strife within the Electrical Trades Union (ETU) has sparked again with controversial union leader Dean Mighell sending a newsletter to members across the country attacking the national leadership. The Vic branch secretary's glossy pamphlet accuses the ETU national leadership of prioritising the needs of foreign workers over Australian...

ETU factional war heats up

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Internal strife within the Electrical Trades Union has sparked again with controversial union leader Dean Mighell sending a newsletter to members across the country attacking the national leadership. The Vic branch secretary's glossy pamphlet accuses the ETU national leadership of prioritising the needs of foreign workers over Australians, seeking ...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

FWA rejects ‘lost in the mail' excuse for out of time unfair dismissal claim

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Fair Work Australia will not accept ‘lost in the mail' as an excuse for out of time unfair dismissal applications even if they have been posted within the 14-day time period, Commissioner Geoff Bull has ruled. Upholding IR tribunals' long-standing rejection of the postal acceptance rule in lodgment matters, the cmr indicated FWA was more incl...

Manufacturing still in the doldrums

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Manufacturing activity and jobs contracted for the ninth straight month in November, the latest Australian Industry Group (AIG) performance of manufacturing index has revealed. The index dropped 1.6 points to 43.6 (a reading of less than 50 indicates contraction). Food & beverages was the only sub-sector to expand in Nov, the figures show. Text...

PABOs shatter record under FW Act

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Unions are increasingly resorting to the threat of industrial action during enterprise bargaining, with the latest Fair Work Australia quarterly report showing substantial increases in the number of protected action ballot orders (PABOs) issued. The latest figures show FWA granted a record 448 PABOs from July to September 2012. That represented a 5...

Decision makers necessary to overcome adverse action onus

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An employer could be liable for up to $65,000 in compensation and penalties after it inexplicably failed to call its decision makers to show it did not fire a worker because he complained about passive smoking and had lodged a workers' compensation claim. Federal Magistrate Michael Jarrett found the absence of Serco Pty Ltd's key witnesses left ope...
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