Energy Australia Yallourn has sought to break its deadlock with the Construction Forestry Mining Energy Union (CFMEU) by this week putting its enterprise agreement offer to a direct ballot (WF18635) . Following nine months of negotiations, the CFMEU and the Victorian power plant are at an impasse over claims for genuine consultation over major rost...
Energy plant bypasses CFMEU with employee vote
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Ballot expiry no ‘guillotine': Judge hoses down Yallourn appeal
Federal Court Justice Bernard Murphy has played down Energy Australia Yallourn's chances in its Full Court appeal against a finding protected action ballots could be extended once they pass their initial expiry date, after finding it did not have a strong case ( WF18633 ). Delivering his reasons for dismissing the company's stay application ahead o...
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Industrial action has to begin to trigger FW Act s524 stand down
Newly-appointed Fair Work Commission Deputy President Val Gostencnik has ruled industrial action must have commenced before an employer can initiate a stand down of workers under the Fair Work Act. DP Gostencnik was examining the operation of s524 , which details “certain circumstances” when employers can stand down employees. In an app...
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Bench overturns small biz dismissal in web of conflicting interests
In a case examining reasonable grounds for dismissal under the small business fair dismissal code, a Fair Work Commission full bench has overturned a decision that awarded compensation to an employee sacked for doing “secret business” without his employer's knowledge. In December 2012, Senior Deputy President Matthew O'Callaghan found 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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FWC OKs 400-day-old claim, opens door on s372/365 double dipping
In a decision which could yet play out in the Federal Court, the Fair Work Commission has accepted a 400-day-old application on the basis the claim could have been filed either as a s365 unfair dismissal matter or s372 as an adverse action application. Commissioner Bruce Williams made the ruling in a case involving a unique sequence of events inclu...
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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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No need to consult unions on 457 visa worker pay rates: AMMA
The Australian Mines & Metals Association (AMMA) has warned allowing unions a say in how much 457 visa workers were paid would be “disastrous” for the resources sector. In its submission to a Senate standing committee inquiry into the 457 visa system, AMMA said consulting unions to ensure market rates or better for migrant workers w...
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Full bench opens up scope for ‘double dipping' in unfair dismissals
In a significant decision that reverses a “well settled” tribunal assumption, a Fair Work Commisssion full bench has ruled it has no specific powers to reopen unfair dismissal cases once an applicant lodges a discontinuance notice. However, the cmn also opened up the scope for applicants to lodge a second unfair dismissal application on...
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Retail boss confirms regular meetings with Abetz on pen rates
Australian Retailers Association (ARA) executive director Russell Zimmerman confirmed he has held several meetings with Opposition IR spokesperson Senator Eric Abetz about cutting weekend penalty rates. Zimmerman told Workforce Daily more meetings had been scheduled with Abetz as the ARA looks to shore-up the Coalition's backing for a “compre...
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MUA threatens to damage Patrick competitiveness - and brand
Maritime Union of Australia (MUA) secretary and International Transport Workers (ITF) president Paddy Crumlin has vowed to drive shipowners away from stevedore company Patrick, after it failed to consult the union over major automation changes at Port Botany last year. Crumlin said the MUA would work with international affiliates to urge shipowners...
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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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AFP intelligence officer fired for contact with Korean spy
A Fair Work Commission unfair dismissal decision has revealed the South Korean spy scandal that has embroiled the Australian public service in Canberra also hit the Australian Federal Police (AFP). Commissioner Geoffrey Bull refused AFP intelligence officer Bo-Rim ‘Bryan' Kim's unfair dismissal claim after finding Kim failed to report contact...
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Qld Bill boosts obligations and penalties for industrial orgs
The Queensland Government has introduced wide-ranging industrial laws that would impose Corporations Act-like penalties on unions and employer groups and significantly increase disclosure requirements, while removing union encouragement and policy incorporation clauses. The IR (Transparency and Accountability of Industrial Organisations) and Other ...
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Unions lose test case to make director liable for redundancy pay
Unions have lost a test case against a company director they claimed masterminded the receivership and sale of his struggling company to a new corporate identity he owned in order to avoid paying more than $2m in redundancy entitlements. The Australian Manufacturing Workers Union (AMWU) and Australian Workers Union (AWU) launched Federal Court proc...
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Fed Court gives go ahead to FWC Thomson case
WFD: Accused former Health Services Union (HSU) secretary Craig Thomson will be forced to defend part of the Fair Work allegations against him at the same time as he faces separate criminal proceedings. In its precedent ruling last week, the Federal Court stayed those parts of the Fair Work general manager's case that overlap with the criminal case...
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Bench overturns small biz dismissal in web of conflicting interests
WFD: In a case examining reasonable grounds for dismissal under the small business fair dismissal code, a Fair Work Commission full bench has overturned a decision that awarded compensation to an employee sacked for doing "secret business" without his employer's knowledge. In December 2012, Senior Deputy President Matthew O'Callaghan found in favou...
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Industrial action has to begin to trigger FW Act s524 stand down
Newly-appointed Fair Work Commission Deputy President Val Gostencnik has ruled industrial action must have commenced before an employer can initiate a stand down of workers under the Fair Work Act. DP Gostencnik was examining the operation of s524 , which details "certain circumstances" when employers can stand down employees. In an application bro...
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MUA threatens to damage Patrick competitiveness - and brand
WFD: Maritime Union of Australia (MUA) secretary and International Transport Workers (ITF) president Paddy Crumlin has vowed to drive shipowners away from stevedore company Patrick, after it failed to consult the union over major automation changes at Port Botany last year. Crumlin said the MUA would work with international affiliates to urge shipo...
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FWC revokes CFMEU official's ROE permit for anti-American racist rant
WFD: The Fair Work Commission has banned union official Brad Upton from the Wheatstone LNG project until January 2014 for an expletive-laden, "racially oriented" attack on a US citizen working for US multinational Bechtel. Deputy President Brendan McCarthy said Construction Forestry Mining Energy Union (CFMEU) WA branch organiser Brad Upton's behav...
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