ADMINISTRATIVE COURTS – AUSTRALIA

FWC queries unions’ living wage

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 8 : 16-May-19

The Fair Work Commission heard the final day of evidence in its review of the minimum wage on 15 May. The ACTU wants the minimum wage to be increased to 60 per cent of median earnings over two years, in order to lift all workers out of poverty. FWC President Iain Ross warned that doing so could result in pay increases for all workers on the minimum wage, rather than just those living below the poverty line. He also said the tax and transfer system could be a more efficient way to address the issue of poverty than an increase in the minimum wage. The FWC’s decision on the minimum wage is expected to be announced by the end of May.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, ACTU, AUSTRALIAN LABOR PARTY

Wage theft: Labor takes on employers

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Original article by Phillip Coorey
The Australian Financial Review – Page: 1 & 4 : 15-May-19

Opposition Leader Bill Shorten will use a speech in Perth on 15 May to announce that Labor will establish a small claims tribunal for people with unpaid wages if it wins the federal election. The tribunal, which will hear claims of up to $100,000, will be able to make and enforce orders to pay wages and to mediate claims. The tribunal will operate alongside the existing Fair Work Commission. Shorten will also use the speech to criticise the Coalition’s preferences deal with Clive Palmer’s United Australia Party.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIA. FAIR WORK COMMISSION, LIBERAL PARTY OF AUSTRALIA, NATIONAL PARTY OF AUSTRALIA, UNITED AUSTRALIA PARTY, ONE NATION PARTY, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Call for rethink on work sex claims

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Original article by Ewin Hannan
The Australian – Page: 2 : 28-Feb-19

The ACTU and the Australian Council of Social Service are among the groups that have urged changes to the Fair Work Act to allow complaints about sexual harassment in the workplace to be heard by the Fair Work Commission. The joint submission to the national inquiry into workplace sexual harassment contends that the current system is flawed and can result in complainants being victimised again when their case heard in court.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, ACTU, AUSTRALIAN COUNCIL OF SOCIAL SERVICE, FEDERATION OF COMMUNITY LEGAL CENTRES

Pizza Hut ushers in penalty rates after Fair Work ruling

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 9 : 1-Feb-19

Pizza Hut Australia employees will be moved to the industry award after the Fair Work Commission agreed to terminate an enterprise agreement that had expired in 2012. The Shop, Distributive & Allied Employees’ Association had applied to have the agreement terminated in 2017, after Pizza Hut failed to increase its pay rates in line with a 3.3 per cent rise in the minimum wage in 2016. Under the expired workplace agreement, penalty rates had been traded off for a seven per cent increase in base hourly wage rates.

CORPORATES
PIZZA HUT AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, DOMINO’S PIZZA ENTERPRISES LIMITED – ASX DMP

Merivale reviewing viability due to EBA determination on wages

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 22-Jan-19

Employees of hospitality group Merivale will be shifted to the industry award after the Fair Work Commission terminated an enterprise agreement that had been struck in 2007. Merivale’s submission to the FWC had warned that some of its business practices may not be viable under the industry award, and that some employees may need to be reclassified as a result of the ruling. About 71 per cent of Merivale’s employees are casuals, who did not receive penalty rates and overtime pay under the enterprise agreement.

CORPORATES
MERIVALE GROUP, AUSTRALIA. FAIR WORK COMMISSION, UNITED VOICE

Fair Work warning over anti-CFMEU retweet

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 9 : 18-Jan-19

The Fair Work Commission has rejected an appeal by the Construction, Forestry, Maritime, Mining & Energy Union over a ruling of senior deputy president Jonathan Hamberger. The CFMMEU claimed that Hamberger should have recused himself from a case involving three union officials after he shared a 2016 tweet from Employment Minister Michaelia Cash that attacked the CFMMEU and Opposition Leader Bill Shorten. The FWC stated that Hamberger’s sharing of the tweet did not mean he was biased against the union’s officials, but it did state that his actions in sharing the tweet were inappropriate.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN LABOR PARTY, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

Labor backs FWC boss over new members

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 16-Jan-19

Australian Chamber of Commerce & Industry CEO James Pearson says the Fair Work Commission’s new deputy presidents should be given the same duties as their colleagues, including deciding cases. FWC president Iain Ross recently advised that the five Coalition appointees will initially only handle relatively minor matters such as conciliation work. Shadow employment minister Brendan O’Connor has supported Ross’s stance, but a spokesman for Industrial Relations Minister Kelly O’Dwyer says all FWC members should be involved in duties such as conciliation work.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS

Fair Work boss sidelines Coalition appointees

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 6 : 15-Jan-19

The federal government appointed six new deputy presidents to the Fair Work Commission in late 2018. Such appointees traditionally hear full bench cases, but FWC president Iain Ross has told members of the commission that most of the deputy presidents will only handle relatively minor matters such as conciliation work. The majority of the new appointees have an employer background, which prompted Labor to accuse the government of "stacking" the FWC.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, ACTU, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), BHP GROUP LIMITED – ASX BHP, EXXONMOBIL AUSTRALIA PTY LTD, THE NATIONAL ELECTRICAL CONTRACTORS’ ASSOCIATION, NSW BUSINESS CHAMBER LIMITED, AUSTRALIAN BUSINESS LIMITED, CORRS CHAMBERS WESTGARTH

Woolies wins on penalty rates deal

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 5 : 8-Jan-19

The Fair Work Commission has approved a new four-year enterprise agreement for more than 100,000 employees of supermarkets group Woolworths. Amongst other things, the new pay deal will reinstate full penalty rates and increase casual loadings to 25 per cent. The deal has been welcomed by the Shop, Distributive & Allied Employees’ Association, although the rival Retail & Fast Food Workers Union had opposed some aspects of the new agreement.

CORPORATES
WOOLWORTHS GROUP LIMITED – ASX WOW, WOOLWORTHS SUPERMARKETS, AUSTRALIA. FAIR WORK COMMISSION, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, RETAIL AND FAST FOOD WORKERS UNION INCORPORATED, COLES SUPERMARKETS AUSTRALIA PTY LTD, KMART AUSTRALIA LIMITED, McDONALD’S AUSTRALIA LIMITED

End to Godfreys deal paying $160 too little

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Original article by Ewin Hannan
The Australian – Page: 2 : 7-Nov-18

The Fair Work Commission has terminated an enterprise agreement for employees of vacuum cleaner retailer Godfreys that has been in place since 2009. The non-union agreement included wage rates that were $160 per week lower than the award minimum, while casual loadings were also well below the award rate. Godfreys argued that employees could be paid more than the award rate when commissions are taken into account. The enterprise agreement had expired in 2012.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, GODFREYS GROUP LIMITED, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION