WFD: 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 conclud...
FWC's doubts over unfair dismissal against wound up companies
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FWC to provide free independent legal advice to unrepped parties
WFD: The Fair Work Commission will provide free independent legal advice to self-represented parties for unfair dismissal jurisdictional matters 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. See WF18661 .
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Ben Davis new AWU Vic sec, Melhem runs for state parliament
WFD: Australian Workers Union (AWU) Victorian branch secretary Cesar Melhem has confirmed he is stepping down from the union to take up 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 was to be formally e...
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Alcoa flags global job cuts
WFD: Restructuring agreed to 18 months ago and partially implemented could largely shield Australia from threatened global cuts in Alcoa's smelting capacity, a key union has told Workforce Daily . In a May 1 statement, president of Alcoa's global primary products Chris Ayers announced the company's smelting operations would be subject to a "global ...
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Diary
2013 Workforce Planning Australia's Workforce Planning Conference: May 14-15, Park Hyatt, Melbourne. NSW IR Society Annual Conference: May 17-19, Sebel Harbourside, Kiama, NSW. Speakers include WR minister Bill Shorten, Senator Eric Abetz, Ged Kearney, Professor Ron McCallum, and FWC President Justice Iain Ross. Details here . Workplace Research Ce...
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Editorial team
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: 314021718665. Twitter: @WorkforceTR
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FWC strike cop in Coalition IR policy
The Coalition's IR policy has been criticised by opponents for its alleged focus on individual contracts. But it's the proposed restrictions on the right to strike that could create the most dramatic change in workplace relations. While the specific drafting remains to be seen, the policy will require several new preconditions for parties to take p...
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CFMEU holds on to RoE permit despite ‘extremely serious' breach
Fair Work Commission Deputy President Val Gostencnik has refused to revoke a construction union official's right of entry permit after finding the cmn's subsequent issuing of a new permit to the official rendered his prior misconduct invalid. The Construction Forestry Mining Energy Union (CFMEU) Vic branch had applied for a permit for organiser Bil...
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Employer forced to bargain with CEPU despite firing its members
The Fair Work Commission (FWC) has ruled an employer must bargain with all relevant employees even if it anticipates they will not be employed by the time an agreement is made. Deputy President Anne Gooley found as Pro-Built Control had excluded certain employees that justified her granting orders for it to bargain with the Communications Electrica...
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FWC says okay to sack excessively sick worker injured in sideline job
The Fair Work Commission has upheld the sacking of long-serving employee who took excessive sick leave due to an injury suffered in a second job. The tribunal found the dismissal was valid despite the worker having a WorkCover NSW medical certificate saying he was unfit to resume pre-injury duties. Timber door factory worker Sasalili Fia alleged Co...
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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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FCC Judge questions ‘misleading' FWO use of term ‘prosecuting'
The Federal Circuit Court has questioned the use of the word “prosecuted” in Fair Work Ombudsman press releases, saying the term had criminal implications and was “misleading”. Judge Michael Jarrett made the comment in relation to a FWO case against New Image Photographics. He said FWO media releases about the case on April ...
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CFMEU to pay costs because of lies against employer
The Construction Forestry Mining Energy Union (CFMEU) must pay half costs after a judge found the union's officials had lied about a construction company's actions. The CFMEU had claimed Hume Highway Constructions Pty and Anthony John Gittany had refused its officials entry to a site and hindered their rights to investigate health and safety concer...
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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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‘Rort' bros knock back settlement deal, now up for indemnity costs
In a “rare and unusual” decision, the Fair Work Commission has awarded indemnity costs against two brothers, who knocked back a sizeable settlement offer to pursue an unfair dismissal claim, after their employer post-termination discovered alleged bogus timesheet rorts of more than $30,000. The cmn rarely awards costs against parties in...
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FWC rejects barrister's ‘creative' take on IR costs law
Deputy President Peter Sams has noted a “most interesting, comprehensive and analytical submission” on the law surrounding IR costs by a barrister, Richard Kouchoo, in a case considering costs against two brothers (see, ‘Rort' bros knock back settlement deal, now up for indemnity costs, above) . In a detailed examination of the s6...
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FWC min wage panel urges consideration of structural changes
The Fair Work Commission has called for parties to the minimum wage review to respond to the UK's recent low pay decision as well as a Productivity Commission article that challenges the unions' productivity/wage share argument. The cmn yesterday released its list of questions for parties ahead of consultation next week. It challenges figures prese...
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Abetz undeterred in ABCC revival plans despite FWBC budget gutting
Coalition IR spokesperson Senator Eric Abetz will push ahead with plans to revive the Australian Building Construction Commission (ABCC) if the Coalition wins government, despite last night's budget gutting the ABCC's replacement, the Fair Work Building Commission (FWBC). Federal Treasurer Wayne Swan's budget revealed $6m-a-year would be cut from t...
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Grave EA dispute afoot over grief allowance and pay increase
The Australian Services Union (ASU) has started industrial action at two Melbourne cemeteries, including periodic bans on the preparation of grave sites and pre-sales of mausoleums. ASU Victorian assistant secretary Richard Duffy said members were “forced” to take action following 18 months of “frustrating” enterprise agreem...
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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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