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FM slams FWO's 'manifestly inadequate' agreed penalties

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WFD: A Federal Magistrate has blasted the Fair Work Ombudsman (FWO) for agreeing with a sham contractor for it to pay penalties of an amount less than its underpayments to "vulnerable" workers. FM Michael Jarrett rejected the FWO's agreed total penalties of $7,920 against glamour and portrait photography business New Image Beauty Salons Pty Ltd as ...

Days lost to industrial disputes continue record-breaking climb

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WFD: The number of days lost to industrial disputes continued to reach record levels with 110,000 days lost in the September quarter, up 8,300 from 101,700 in the June quarter ( WF18375 ) . The ABS industrial disputes figures released yesterday (December 7) also recorded an increase in the number of disputes, up 15 from the June quarter to 68. Howe...

PABOs shatter record under FW Act

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WFD: 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 represente...

Unemployment rate down 0.1%

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WFD: Australia's seasonally adjusted unemployment rate decreased 0.1% to 5.2% in November, the latest ABS Labour Force figures reveal. The number of people employed increased by 13,900 to 11,546,400 in November. The ABS said the increase was driven by increased part-time employment, up 18,100 people to 3,414,200. It was offset by decreased full-tim...

Don't shoot the messenger: Full Court considers ‘aiding & abetting'

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WFD: The Federal Full Court has ruled that a union delegate is not liable for assisting unlawful industrial action if he merely told the employer workers were threatening to take such action. The Full Court - Justices Anthony North, John Logan and Alan Robertson - upheld the Construction Forestry Mining Energy Union's (CFMEU) appeal against a 2010 ...

Manufacturing still in the doldrums

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WFD: 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....

Boral Cement to lay off 100 workers, but AWU in talks to save 20 jobs

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Boral Cement has revealed it will shed 100 jobs at its Waurn Ponds limestone quarry and cement works in Victoria. In a statement yesterday (December 6), Boral chief executive Mike Kane said the high Australian dollar and a downturn in construction activity contributed to the decision.In a letter to the Australian Workers Union, Boral said it intend...

Construction downturn eases

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The construction sector downturn eased in November, the latest Australian Industry Group/Housing Industry Association performance of construction index has revealed. The index showed activity declining at a slower rate in Nov - up 1.2 points to 37.0 (readings below 50 indicate a contraction). Construction activity (35.8) and employment (41.1) contr...

Justice Ross to clarify award review arrangements

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WFD: At press time, Fair Work Australia President Justice Iain Ross was addressing “confusion” among parties over arrangements for its December 18 and 19 full bench hearings into public holidays and penalty rates in the retail, hospitality, fast food, hair and beauty sectors. Parties took part in a video conference, which started at 8am...

Editorial team

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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: 314021718505. Twitter: @WorkforceTR

NSW targets unions with construction code; AiG calls on all states to join in

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NSW Premier Barry O'Farrell has joined Victoria by unveiling draft guidelines for construction companies working on public sector projects designed to enforce industrial laws and prevent industrial relations-related cost or time blowouts. Australian Industry Group chief executive Innes Willox welcomed the announcement, saying the code would help ...

Fremantle Port strike in the balance

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At press time, an eight-day strike at Fremantle Port hung in the balance with Maritime Union of Australia (MUA) officials in talks with management to head off the industrial action. The strike, in support of enterprise agreement demands, is scheduled to start at 5.30am on Sunday (December 9) and would run to Dec 17. MUA WA secretary Chris Cain conf...

Lack of remorse nails porn sender

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A team leader's summary dismissal for storing pornography on his work email has been ruled not unfair despite his 25 years service and his employers limited IT policies and training. Fair Work Australia Commissioner Geoff Bull found Snowy Hydro Pty Ltd electrical team leader Steven McMahon's lack of remorse and his deliberate storage of porn in a &...

ETU election inquiry shot down following year of 'uncertainty'

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WFD: The Federal Court has dismissed the Victorian Electrical Trades Union's calls for an inquiry into the election of the national leadership, further reducing the dysfunction that has plagued the union this year. Justice Geoffrey Flick rejected the Vic branch's call for a further opportunity to argue alleged "irregularities" over non-financial me...

Forty years service overshadows valid dismissal for insubordination

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Fair Work Australia has found the dismissal of an 80-year-old worker with more than 40 years service was valid but harsh after strongly emphasising the worker's length of service and his “insensitive” dismissal by phone. In early March 2012, the NSW Greyhound Breeders Assoc demoted kennel supervisor Charlie Borg after noting his physica...

Collateral advantage unfair dismissal claim not vexatious

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Unfair dismissal proceedings brought by an employee to seek a "collateral advantage" such as leverage to gain an unpaid bonus or using the media to “harass or embarrass" the employer is not by default a vexatious claim, Fair Work Australia has ruled. Commissioner Julius Roe made the finding in a costs application by Home Theatre Group Pty Ltd...

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. Product code: 314021718511. Twitter: @WorkforceTR

Broad Facebook EBA clause restricts after hours conduct

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Employers are increasingly using a broad template clause in enterprise agreements to restrict social media use outside of work hours, including indirect use by third parties. Fair Work Australia has expressed concern about the clause in some cases and requested undertakings that limit it to only material contrary to the interests of the employer. T...

Road Safety Remuneration Tribunal releases 2013 work program

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The Road Safety Remuneration Tribunal (RSRT) has released its first annual work program. Following extensive consultation with employers, unions and stakeholders, the RSRT has limited its first program to five road transport sectors - retail, livestock, bulk grain, interstate long distance, and intrastate long distance. The tribunal said persons/or...

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
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