The NSW Nurses and Midwives' Association was left red-faced last week when it was forced to withdraw its own proposed enterprise agreement after the tribunal notified it of “insurmountable technical difficulties” in its approval. The union's employees recently voted up their first agreement under the federal system but Workforce Daily u...
Union agreement fails FW Act requirements
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Collateral advantage unfair dismissal claim not vexatious
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...
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Broad Facebook EBA clause restricts after hours conduct
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...
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CSR RDO mistake triggers $30k payment for workers
The Federal Magistrates Court has ordered CSR to pay 11 workers more than $30,000 in total plus interest for failing to provide rostered days off from April 2011 to May 14, 2012. The Construction Forestry Mining Energy Union (CFMEU) brought the proceedings on behalf of day and shift workers at CSR's Erskine Park glassworks plant in New South Wales....
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Fremantle Port strike off for now
A Maritime Union of Australia (MUA) eight-day strike at Fremantle Port has been put on hold following the intervention of Fair Work Australia. The strike was to have started at 5.30am on Sunday, December 9 ( WF18505 ) . However, the parties agreed to continue talks after Fair Work Australia brokered a four-day stay late on Friday (Dec 7). The parti...
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Urgent FWA conference over ‘part-day' penalty rates
Fair Work Australia will tomorrow hold an urgent conference over whether or not to vary modern awards before Christmas to clarify rates for South Australia's new “part-day” public holidays. Commissioner Peter Hampton will hear parties on the matter from 2:30pm tomorrow in response to South Australian Industrial Relations minister Russel...
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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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ANZ targets performance, while FSU gains consultation rights in draft EA
The Finance Sector Union (FSU) and ANZ have agreed to an in principle enterprise agreement, which could deliver 12%-plus pay increases over two years for star performers. The proposed deal is strongly linked to performance targets, with high performers set to pull in salary increases of 6.5% in 2012 and 5.75% in 2013. However, most of the bank's 21...
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Bench quashes decision for refusal to adjourn for absent applicant
A Fair Work Australia full bench has quashed a decision upholding the summary dismissal of a WA childcare centre director after finding a refusal to adjourn proceedings when she could not attend due to illness was a jurisdictional error and a denial of natural justice. The bench - Senior Deputy President Matthew O'Callaghan, Deputy President Reg Ha...
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High Court throws out ‘wasteful' PSA challenge to NSW wages policy
A High Court judge has excoriated the Public Service Association (PSA) for its “empty” constitutional challenge to state laws that require the NSW IR Commission (IRC) to “give effect” to the state government's 2.5% wages policy. Justice Dyson Heydon slammed the union's case as a waste of “time, money and effort” ...
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Appeals from Fed Mag still attract costs shield
The Federal Court has set aside its own costs order against the Construction Forestry Mining and Energy Union (CFMEU) after affirming the Fair Work Act's costs shield still applies to appeals from the Federal Magistrates Court. Justice Gilmour originally made the order in his August decision to reject the CFMEU's appeal that Mammoet Australia Pty L...
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Full bench refuses to outlaw OHS provisions in modern awards
Employers have lost abid to remove occupational health and safety (OHS) provisions from modern awards. Fair Work Australia's modern awards review full bench has dismissed arguments put by the Master Builders Association (MBA) and backed in part by the Australian Industry Group and other employer groups about health and safety. They claimedDivision ...
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Fremantle Port workers hold off strike action until Monday
Fremantle Port wharfies have held off threatened strike action until Monday (December 17), as talks continue on a possible new enterprise agreement ( WF18505 ). A Fremantle Ports spokesperson told Workforce Daily a threatened eight-day stoppage due to start last Sunday but held off until today (Dec 13) has now been delayed until Monday at 5.30am to...
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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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Fremantle Port strike on Monday
WFD: Fremantle Port wharfies have held off threatened strike action until Monday (December 17), as talks continue on a new enterprise agreement ( WF18505 ). A Ports spokesperson said a threatened eight-day stoppage due to start last Sunday had been delayed until Monday at 5.30am to allow talks to progress. The wharfies backed by the Maritime Union ...
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Appeals from Fed Mag still attract costs shield
WFD: The Federal Court has set aside its own cAppeals from Fed Mag still attract costs shieldosts order against the Construction Forestry Mining and Energy Union (CFMEU) after affirming the Fair Work Act's costs shield still applies to appeals from the Federal Magistrates Court (FMC). Justice Gilmour originally made the order in his August decision...
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Union agreement fails FW Act requirements
WFD: The NSW Nurses and Midwives' Association (NSWNMA) was left red-faced last week when it was forced to withdraw its own proposed enterprise agreement due to "insurmountable technical difficulties” over its approval. The union's employees recently voted up their first agreement under the federal system but Workforce Daily understands the EA...
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Road Safety Remuneration Tribunal releases 2013 work program
WFD: 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 perso...
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FWO 2013 cleaning industry probe
The Fair Work Ombudsman will randomly audit up to 1000 cleaning contractors next year as part of a push to improve compliance. The FWO said it had recovered hundreds of thousand dollars for underpaid cleaners over the last three years. However, FWO Nicholas Wilson said the sector remained a major source of complaints. “We are mindful that thi...
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Former Qld IR minister new SRCC chair
The Federal Government has unveiled Queensland's former industrial relations minister Cameron Dick as the new Safety, Rehabilitation and Compensation Commission (SRCC) chair. His appointment is for three years, replacing Peter Henneken.
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