The Australian Law Reform Commission (ALRC) has recommended extending the right to request flexible working to all employees including older workers, and increasing the redundancy notice period for workers over 45. The ALRC's report - Access All Ages-Older Workers and Commonwealth Laws - was tabled in Parliament this week. It supports Fair Work Act...
ALRC report supports right to flexible work for older workers
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com. Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Product code: 314021718695. Twitter: @WorkforceTR
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Employer denied lawyers due to FW Act ‘more stringent' conditions
The Fair Work Commission has refused leave to law firm Ashurst to represent an employer in an unfair dismissal claim because it would result in an “imbalance”, citing the Federal Court's (incorrectly named) Warrell v Walton judgment (WF18625) . In rejecting Serco Sodexo Defence Services Pty Ltd's application, Commissioner Ian Cambridge ...
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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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Gillard slates compulsory arbitration in secret letter to ACTU in 2010
The Federal Government is under pressure to dump plans to introduce compulsory arbitration, following revelations that the Prime Minister explicitly cautioned the ACTU against pushing for exactly that when she was WR minister. The revelations detailed in The Australian newspaper today are based on a confidential 2010 letter from Gillard to then ACT...
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Kearney passes on Batman, Bowtell has another crack at Melbourne
ACTU president Ged Kearney has today confirmed she would not seek ALP pre-selection for the Melbourne seat of Batman. Last Friday, Workforce reported Kearney was putting her hand up for the race but today she says it was simply not the “right time” and she was committed to the ACTU presidency. “I still have a lot more to do in thi...
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Panel discounts super from moderate increase to min wage
The Fair Work Commission has raised the national minimum wage by 2.6% to $16.37 an hour after taking into account slowing economic growth and the “moderating factor” of the superannuation guarantee increase. The minimum wage panel's uniform percentage increase , which affects more than 1.5m workers, is lower than last year. The panel di...
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FWO ‘prosecution' decision heads to Federal Court
In Senate Estimates this morning, the Fair Work Ombudsman (FWO) said an employer is appealing a potentially far-reaching Federal Circuit Court judgment that reduced penalties because of the FWO's “misleading” use of the term “prosecution” to describe its civil penalty proceedings ( WF18675) . Acting FWO Michael Campbell told...
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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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Third time lucky for Aldi EAs
International supermarket chain Aldi has finally succeeded in getting three enterprise agreements (EAs) approved for its Australian operations, having twice been rejected earlier - by Commissioner Donna McKenna in March 2012 ( WF18145 ) and a full bench later that year ( WF18465 ). Senior Deputy President Justice Alan Bolton approved the EAs this w...
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ACTU says min wage decision will worsen inequality
Unions have expressed disbelief at the Fair Work Commission's decision to impose a relatively low increase for minimum wage earners, while employers have praised the cmn's comments that the tax transfer system may be a better model to assist low-income households The ACTU said it was “stunned” by the FWC decision to award a 2.6% increas...
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Second tranche of FW Act amendments in trouble
At press time, Independent MPs Rob Oakeshott and Tony Windsor had announced they would oppose anything in the Government's proposed second tranche of amendments to the Fair Work Act that was also opposed by the Coalition. The Greens have used the announcement to lobby for their own changes to the Act, putting at risk the required five cross-bench v...
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Labour productivity boom sustained in 2013
The latest ABS data shows labour productivity continues to soar, with 0.7% growth recorded in the March 2013 quarter totaling an above-average 2.5% for the year. The latest rise in labour productivity, measured as gross value added per hour (GVA) in the market sector (excluding public sector, health, education and social assistance), continues the ...
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Compulsory arbitration fears a ‘massive beat-up': Stewart
University of Adelaide IR academic Professor Andrew Stewart says Coalition and employer group fear-mongering about reported Federal Government plans to introduce compulsory arbitration is a “massive beat-up”. Stewart suggested the contents of a leaked 2010 letter from then workplace relations minister Juila Gillard to the ACTU warning 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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FWC finds refusal of flexible work request was constructive dismissal
In a significant decision, the Fair Work Commission has given the go-ahead to a worker's adverse action claim alleging she was constructively dismissed when her employer rejected her request to work part-time following her return from maternity leave. Considering the jurisdictional question of whether the worker had been dismissed, Commissioner Joh...
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Editorial team
Editor: Rajiv Maharaj, (03) 8684 2139, rajiv.maharaj@thomsonreuters.com . Chief Journalist: David Marin-Guzman. Journalist: Steve Andrew. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Govt dumps RoE lunchroom pass, adds FWC gen protections powers
The Federal Government has dumped right of entry (RoE) changes in the Fair Work Act Amendment Bill , and introduced provisions allowing the Fair Work Commission to arbitrate general protection claims. It would also be able to advise parties of the merits of such claims - in effect a potential brake mechanism on so-called ‘go away' money. The ...
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Full bench okays urine testing to detect general safety risks
A Fair Work Commission full bench has held an employer can reasonably direct its employees to undergo urine testing to detect drug use despite previous rulings that such testing was an “unreasonable” means to test impairment. The bench - Vice President Adam Hatcher, Senior Deputy President Jonathan Hamberger and Commissioner Michelle Bi...
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Mass teachers strike makes for volatile days lost data
Days lost to industrial disputes more than doubled in the latest March quarter after coming off a two-year low at the end of 2012. The latest ABS data appears to be heavily weighted by the state-wide Victorian teachers' industrial action in February this year. The number of disputes dropped by three in the March quarter, from 58 to 55, but the days...
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