Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
Editorial team
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Wide contractor definition catches case against medical centre giant
In a decision that reflects the broad scope of the Independent Contractors (IC) Act, the Federal Circuit Court has said a contract for services arguably does not require a performance of services or the provision of services to the other party to the contract. Judge Michael Jarrett took into account interlocutory comments by Justice Steven Rares re...
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Wide contractor definition catches case against medical centre giant
WFD: In a decision that reflects the broad scope of the Independent Contractors (IC) Act, the Federal Circuit Court has said a contract for services arguably does not require a performance of services or the provision of services to the other party to the contract. Judge Michael Jarrett took into account interlocutory comments by Justice Steven Rar...
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FWC thwarts AMWU 'industry rule' bid to capture rental car detailers
WFD: The Fair Work Commission has thwarted an Australian Manufacturing Workers Union (AMWU) attempt to extend its coverage to car cleaners and detailers in the rental car industry. The union sought a majority support determination for Avis rental car detailers/cleaners at Melbourne Airport. It relied on its eligibility Rule 1E, arguing some of the ...
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Energy Australia heads to FWC to break CFMEU deadlock
WFD: Energy Australia's Yallourn power station and the Construction Forestry Mining Energy Union (CFMEU) will head to the Fair Work Commission for conciliation after the employer's proposed enterprise agreement was overwhelmingly voted down by employees ( WF18655 ) . The conciliation scheduled for pressday (May 31) with Commissioner Michelle Bisset...
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AMMA index predicts 100,000 workers on major projects in 2013
WFD: A new labour market index claims Australia's mining, energy and infrastructure projects will peak at nearly 100,000 workers in 2013. The Australian Mines & Metals Association's (AMMA) first biannual AMMA-Pit Crew Labour Market Index shows despite construction workforce numbers coming off a "massive peak" in 2012, the sector would still emp...
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ALAEA fears loss of power as Qantas engineers vote up EA
An overwhelming majority of Qantas aircraft maintenance engineers (AMEs) have voted up a landmark agreement that ushers in a new licence class, despite the protestations of the Australian Licenced Aircraft Engineers Association (ALAEA) ( WF18465 ) . Some 85% of all AMEs voted up the four-year deal last week. The agreement covers 1,200 employees and...
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Annual min wage review not enough
The Federal Government must adopt a long-term policy on the role of the national minimum wage since the current “relatively benign” model was no longer a means for boosting the incomes of low-income households. In a report launched on Wednesday (May 29), ex-senior public servant turned Australian National University economist, Rob Bray,...
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‘Bullied' lawyer loses appeal
The Victorian Supreme Court of Appeal has dismissed an appeal brought by a lawyer who maintained she had been bullied while working for prominent IR law firm Maurice Blackburn Cashman in 2003. The appeal court - Justices David Harper, Robert Osborn and Cameron Macaulay - upheld the county court's finding that Fiona Brown, the former head of MB's fa...
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Employers not happy with early FW Act move on compulsory arbitration
Employers are waiting to see if Workplace Relations minister Bill Shorten next week moves on amendments to the Fair Work Act to introduce compulsory arbitration for long-running disputes. Government officials gave union and business leaders a confidential briefing on Wednesday (May 29), suggesting compulsory arbitration and fast-track greenfield ag...
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Govt to tweak migration zone to extend IR laws to offshore workers
WFD: The Federal Government plans to extend the Fair Work Act's jurisdiction to offshore resource industry projects by changing the Migration Act to extend Australia's migration zone, immigration minister Brendan O'Connor has revealed. O'Connor said the proposed amendments - the Migration Amendment (Offshore Resources Activity) Bill 2013 - would ex...
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MEAA to reject News Ltd 2% offer as new super agreement looms
WFD: The Media Entertainment Arts Alliance (MEAA) resumed talks with News Limited this week for a new enterprise agreement, with the union rejecting the company's 2% wage increase offer for a one-year rollover agreement. The MEAA's Louise O'Connor told Workforce Daily parties had agreed on a shorter deal while they thrash out a "super agreement" br...
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Unions argue for 7% increase in WA state wage case hearing
WFD: The Western Australian Industrial Relations Commission (WAIRC) commenced hearing the 2013 state wage case this week, with business leaders adamant there should be no increase. There are two minimum wage rates operating in WA, the national minimum wage and the state minimum wage depending on which system an employee is covered by. Although ther...
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CFMEU backs ant-visa campaign with billboards
WFD: The Construction Forestry Mining and Energy Union (CFMEU) is ramping up its campaign against s457 visas, with a major billboard campaign planned in the lead up to the federal election. National assistant secretary Dave Noonan has called for a legislated right of appeal for workers if they miss out on jobs filled by foreign workers on s457 visa...
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Retrenched Ford workers to receive additional payment
WFD: Retrenched Ford Australia workers will receive four weeks' severance pay per year of service capped at 90 weeks, with an additional uncapped one-week-per-year-of-service closure payment, the company confirmed to Workforce Daily on Thursday (May 30). Workers will also be paid four weeks' notice. A Ford spokesperson told WFD the redundancy packa...
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Ford 'should return taxpayer money'
WFD: Ford Australia should pay back the more than $1bn in taxpayer money given the company to keep it going in Australia, former Australian Workers Union Victoria boss Cesar Melhem has told the Victorian Parliament. In his inaugural (May 28) speech as the state parliament's newest legislative council member, Melhem said Ford "did not keep its promi...
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Judge finds leave entitlement less than rostered hours
WFD: The Federal Circuit Court has thrown out the Electrical Trade Union's (ETU) claim that the Fair Work Act entitles shift workers to five weeks of annual leave based on hours they would have worked rather than their "ordinary" hours. The ETU had alleged Melbourne airport maintenance provider, BCS Infrastructure, was applying its 2010 agreement i...
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Reserve Bank's Corbett says FW Act needs 'balance' correction
WFD: Reserve Bank board member Roger Corbett has joined the chorus of business leaders claiming the balance between labour and business has moved too far in favour of workers under the Fair Work Act and "needs to be corrected". Speaking to reporters following a speech to a business group in Adelaide this week, Corbett stressed he was not advocating...
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Data modelling firm fails to show sacked worker breached salary cap
WFD: The Fair Work Commission has tossed out an argument a sacked worker's private use of a work-provided mobile phone and laptop - and attendance at a conference - counted as salary for "threshold" purposes. Moultrie Group (MG), trading as Moultrie Database & Modelling, argued Simone Ball earned $123,349.53 in the 12 months before her dismissa...
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Diary
7th Annual Workplace and IR National Conference: June 17-18, Sydney Harbour Marriott at Circular Quay. Details here . Workplace Research Centre Annual Labour Law Conference: July 22, The Hilton Hotel Sydney, 488 George Street. Details here . Thomson Reuters National Workforce and Beyond Symposium: October 15-17, Melbourne. Program details tba.
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