WFD: 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 "compreh...
Retail boss confirms regular meetings with Abetz on pen rates
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Full bench opens up scope for 'double dipping' in unfair dismissals
WFD: In a significant decision that reverses a "well settled" tribunal assumption, a Fair Work Commission 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 once they ...
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Qld Bill boosts obligations and penalties for industrial orgs
WFD: 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, and remove union encouragement clauses from public sector industrial instruments. The IR (Transparency and Accountability of Industrial Organis...
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Energy plant bypasses CFMEU with employee vote
WFD: 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...
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Ballot expiry no 'guillotine': Judge hoses down Yallourn appeal
WFD: 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 ah...
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NSW cites Shorten to support treating super hike as wage increase
The NSW Government has used comments by Workplace Relations minister Bill Shorten to support its decision to count a rise in compulsory superannuation as part of the NSW public sector's 2.5% pay cap. Workforce news associate Workforce NSW has today revealed the state's 0.25% super increase in July will be part of the cap. This means public servants...
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No need to consult unions on 457 visa worker pay rates: AMMA
WFD: 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 for migrant workers would impose a "de...
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25% of overtime workers not paid, men paid more often than women
One in four employees who worked extra hours or overtime in November were not compensated, a new ABS report has revealed. The ABS Working Time Arrangement November report looked at working arrangements of employees in their main job, such as shift work, extra hours or overtime, and start and finish times. It found more than a third of employees usu...
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Diary
Revenge of History: Reflection on a Bangladesh Tragedy - forum panel discussion: May 6, 10am-11am. RMIT Building 13, Level 3, Room 7, corner Victoria and Russell streets, Melbourne. Members of the forum panel include Dr Verena Schmidt (International Labour Organisation), Jenny Kruschel (Textile, Clothing & Footwear Union of Australia) and Assoc...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com. Chief Journalist: David Marin-Guzman. Journalist: Paul Karp. Managing Editor: Peter Schwab. Product code: 314021718655. Twitter: @WorkforceTR
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CFMEU forced to drop EA clause policing ‘temporary foreign labour'
The Fair Work Commission has shot down the construction union's proposed industry “visa compliance clause” that was designed to actively police temporary foreign workers after finding it was a non-permitted matter. In a decision refusing the union's protected action ballot order (PABO) application, Senior Deputy President Matthew O'Call...
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TWU calls for 12-month 457 visa ban for employers who retrench
The Transport Workers Union (TWU) says employers who retrench staff should be barred from using 457 visa workers for 12 months. The union made the call in a detailed submission to a Senate committee inquiry into the 457 visa system. The submission calls for wide-ranging “whistle-blower” laws to “report unscrupulous employers witho...
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FWC OKs 400-day-old claim, opens door on s372/365 double dipping
WFD: 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 that particular claim could have been filed either as a s365 unlawful termination matter or s372 as a general adverse action claim. Cmr Bruce Williams made the ruling in a case involving a unique sequence of...
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FWC to provide free independent legal advice to unrepped parties
The Fair Work Commission will provide free independent legal advice to self-represented parties in unfair dismissal cases in a pilot program starting in Victoria, the tribunal has revealed. FWC President Justice Iain Ross said the pro bono legal scheme would be extended to NSW next month. Justice Ross announced the scheme and other initiatives in a...
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Ben Davis new AWU Vic sec, Melhem runs for state parliament
Australian Workers Union (AWU) Victorian branch secretary Cesar Melhem has confirmed he is stepping down from the union to contest the vacant Victorian Parliament upper house seat of Western Metro. As revealed in Workforce Daily last month ( WF18645 ), AWU Vic assistant secretary Ben Davis will replace Melhem as sec. Davis is expected to be formall...
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FWC warns SMS and non face-to-face dismissal open to challenge
The Fair Work Commission has warned employers that SMS sackings and other non face-to-face terminations would “immediately” raise the question as to whether the decision-maker had “sufficient confidence” in the decision. Deputy President Peter Sams made the remarks in a case he described as “one of the worst unfair dis...
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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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Facebook appeal raises landmark jurisdictional issues
A Full Federal Court in the Linfox Facebook decision could consider whether it is necessary for parties to establish jurisdictional error when they are appealing a decision of an inferior court. The Full Court - Justices Geoffrey Flick, John Dowsett and John Griffiths - is the first Australian judicial body to consider social media in the employmen...
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FWC's doubts over unfair dismissal against wound up companies
A Fair Work Commission senior member has raised concerns about the practicality of pursuing unfair dismissal claims against companies wound up by court order, notwithstanding the tribunal's jurisdiction derived from the Smith & Ors v Trolloppe Silverwood decision . In Smith , an Australian Industrial Relations Commission full bench concluded th...
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