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Sex video not valid dismissal reason

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An employee fired for sending a sex video of herself and her boss to her boss's partner has been awarded $4,000 compensation after she was found to be unfairly dismissed (WF18605) . Senior Deputy President Matthew O'Callaghan found the video was not a valid reason for Asia Pacific Cleaning Service's (AP) dismissal of executive sales assistant Janic...

Post-Barclay appeal laid to rest

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One of the first adverse action cases post the High Court's Barclay decision appears to have reached an expensive conclusion for the claimant, with the Federal Court throwing out his appeal with costs. Martin Bernard Vink had appealed Federal Magistrate Heather Riley's October 2012 decision that held LED Technologies fired him in late 2011 because ...

Vic building guidelines shot down

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In a significant blow to the Victorian Government's attempt to curb union influence in the construction industry, the Federal Court has shot down its building and construction guidelines that restrict enterprise agreement (EA) content after finding they undermined the Fair Work Act. In two lengthy decisions handed down at 12pm, Justice Mordy Brombe...

Coalition delays super increase

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Opposition leader Tony Abbott has announced a Coalition Government will postpone increases to compulsory superannuation contributions by two years if it is elected in September. In yesterday's Budget Reply speech, Abbott said he would delay “the ramp up in compulsory super because this money comes largely from business - not from govt - and o...

Cmr Jones moves to Circuit Court

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The Federal Government has appointed Fair Work Commissioner and current head of the unfair dismissals panel Suzanne Jones as a Federal Circuit Court judge. The former IR barrister and ACTU senior industrial officer joined the FWC in October 2011. Jones will take up her role on June 3.

Abetz slams Shorten ‘bikini' productivity stats in fiery IR debate

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Opposition IR spokesperson Senator Eric Abetz has dismissed Workplace Relations minister Bill Shorten's productivity growth figures - used to support his argument the Fair Work Act was delivering - as “swimsuit numbers”. The pair went head-to-head in a debate at the Australian Mines & Metals Association national conference shortly b...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com. Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Pizza franchise EA seeks to lock-in rates before July 1 award increase

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The Fair Work Commission has rejected a national pizza chain franchise's bid to exploit the Fair Work Act's better-off-overall-test ‘at test time' requirement by registering an agreement locking workers in to rates of pay less than those that apply when modern award rates increase on July 1. The National Retailers Association (NRA) backed the...

CPSU strikes $250k backpay deal for call centre workers

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At presstime, the Community and Public Sector Union Victorian (CPSU) branch revealed it had struck a deed of settlement with Victorian Government to pay more than $250,000 backpay to about 100 Housing Call Centre workers. The CPSU initiated court proceedings against the Department of Human Services, claiming it should have paid overtime to workers ...

Vic says good grounds for appeal of adverse action decisions

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The Victorian Government has said it will appeal two Federal Court rulings handed down last Friday (May 17) that found it had taken adverse action against Lend Lease and a subcontractor by imposing its state building and construction guidelines. A spokesperson late on Friday said the Govt considered there were “good grounds for appeal against...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Vic Govt ‘coerced' subcontractor

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In the second of last week's significant Victorian building code decisions, Federal Court Justice Mordy Bromberg found the Victorian Government “coerced” a subcontractor and unlawfully sought to undermine the Fair Work Act. The case centred around the principal contractor to the state's Circus Oz project, McCorkell Constructions, and it...

Will Coalition have to change FW Act's adverse action provisions?

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Slater and Gordon workplace law partner Marcus Clayton told Workforce Daily the Federal Court Lend Lease and McCorkell rulings (above) had ramifications for the state building code in NSW as well as the one proposed in Queensland, which he said were similar to the Victorian code. “It renders their [the states'] efforts to impose Liberal IR po...

No FWC unfair dismissal relief for CFMEU's Walter ‘The Brat' Meacle

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The Fair Work Commission has upheld BHP Billiton's sacking of a union delegate for shouting “scab c--t” at an employee who drove past a Bowen Basin picket line early last year. Commissioner Paula Spencer relied on findings of fact already determined by Justice Bruce Lander in an adverse action claim brought by the then Construction Fore...

Editorial team

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Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Employer slugged $14k plus for sacking cancer-stricken worker

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The Federal Court has ordered an employer to pay a cancer-stricken worker $14,000 plus compensation after it sacked him to avoid paying sick leave entitlements. The employer's bill is likely to increase substantially with the court yet to decide on civil penalties for breaches of the Fair Work Act's adverse action provisions. The Fair Work Ombudsma...

ACTU defends ‘growth gap' argument in min wage review

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Unions and employer groups are battling it out over whether the Fair Work Commission minimum wage panel should consider the falling labour share of income, rising labour productivity and a different cost of living index as part of this year's national minimum wage review. As part of its claim for a min wage increase of $30 a week or 4.9%, the Austr...

RMIT fined $37k for adverse action, ordered to reinstate professor

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The Federal Court has ordered the Royal Melbourne Institute of Technology (RMIT) to reinstate a sociology professor and has fined it $37,000 for breaching the RMIT staff enterprise agreement (EA) and Fair Work Act adverse action provisions. In a decision littered with cutting remarks against the academic institution's leadership, Justice Peter Gray...

Govt backs equal rates for juniors

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The Federal Government has given its support to the Shop Distributive Allied Employees' modern award review submission that 20 year old retail employees should be paid at the adult wage. The Govt's reply submission lodged this week said there was no evidence 20 year olds working in the retail sector performed work at a lower level than workers aged...

Telstra jobs to go in massive restructure starting July 1

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WFD: Telstra will not reveal how many jobs it will slash as part of a major restructure to start on July 1. The company has declined to quantify job losses foreshadowed in an internal memo from chief operations officer Brendon Riley to staff on Wednesday. Riley warned staff the telco's operation unit's business model was unsustainable, and changes ...
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