The Senate workplace relations committee has recommended parliament pass all the second tranche amendments to the Fair Work Act, but the Coalition has warned the changes will be subject to a further post-implementation review. The Coalition Senators dissenting report - released last night, less than a week after its IR policy - said it was “d...
Coalition flags further review into second tranche amendments
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Lockout blows up into 120-strong picket line at Latrobe
A LaTrobe Valley manufacturer has failed in its Federal Court bid to force its employees back to work after more than 100 refused to cross a union picket line for “occupational health and safety” reasons. On May 9, Chelgrave, a major contractor to Australian Paper (AP), indefinitely locked out its seven permanent maintenance workers fro...
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Wages slump threatens budget forecast
Wages growth has fallen to its lowest level in three years, increasing by 3.1% for the year and 0.7% for the March quarter. The latest Australian Bureau of Statistics wage price index data shows private sector wages grew by 3.2% through the year, down from 3.7% for the year to last September (WF18475) . Public sector wages grew at a slower rate of ...
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Family no primacy over business in roster clause: full bench
An employer does not have to prioritise workers' family commitments over operational requirements to fulfill an agreement clause to “give regard” to such matters when changing rosters. A Fair Work Commission full bench found consultation about family matters and proposing an alternative roster was sufficient for an employer to fulfill 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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VP Watson sledges unfair dismissal regime as ‘whirlwind of litigation'
Fair Work Commission Vice President Graeme Watson has taken a swipe at the Fair Work Act's unfair dismissal regime, saying claims had tripled since 2007 with the system too uncertain and geared towards so-called ‘go away' money as a first choice outcome. VP Watson made the comments during a Q&A panel discussion at the Australian Mines and...
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Coalition flags further review into second tranche amendments
WFD: The Senate workplace relations committee has recommended parliament pass all the second tranche amendments to the Fair Work Act, but the Coalition has warned the changes will be subject to a further post-implementation review. The Coalition Senators dissenting report - released on Tuesday (May 14), less than a week after its IR policy - said i...
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Abetz undeterred in ABCC revival plans despite FWBC budget gutting
WFD: 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 this week's federal budget gutting the ABCC's replacement, the Fair Work Building Commission (FWBC). Federal Treasurer Wayne Swan's budget revealed $6m-a-year would b...
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Family no primacy over business in roster clause: full bench
WFD: An employer does not have to prioritise workers' family commitments over operational requirements to fulfil an enterprise agreement (EA) clause to "give regard" to such matters when changing rosters. A Fair Work Commission full bench found consultation about family matters and proposing an alternative roster was sufficient for an employer to f...
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FWC min wage panel urges consideration of structural changes
WFD: 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. On Monday (May 13), the cmn released its list of questions for parties ahead of consultation next week. It challenge...
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FCC Judge questions 'misleading' FWO use of term 'prosecuting'
WFD: The Federal Circuit Court has questioned the use of the word "prosecuted" in Fair Work Ombudsman (FWO) 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 18 and June 1...
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'Rort' bros knock back settlement deal, now up for indemnity costs
WFD: 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 unfair...
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FWC rejects barrister's 'creative' take on IR costs law
WFD: 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 s611 costs prov...
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CFMEU to pay costs because of lies against employer
WFD: 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 c...
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Employer forced to bargain with CEPU despite firing its members
WFD: 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 Elec...
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CFMEU holds on to RoE permit despite 'extremely serious' breach
WFD: 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 organise...
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FWC says okay to sack excessively sick worker injured in sideline job
WFD: 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. Factory worker Sasalili Fia alleged Corinthia...
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Grave EA dispute afoot over grief allowance and pay increase
WFD: The Australian Services Union (ASU) started industrial action on Wednesday (May 15) 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 agreeme...
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Diary
Workplace Research Centre ‘Advocacy in the IR Tribunals': May 22-24, Fair Work Commission, Terrace Tower, 80 William Street, East Sydney. Course suitable for aspiring industrial advocates from employer and union backgrounds. Speakers include FWC Vice President Graeme Watson, and Federal Circuit Court Judge Rolf Driver. Read the program and Re...
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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: 314021718675. Twitter: @WorkforceTR
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