ADMINISTRATIVE COURTS – AUSTRALIA

AWU misused strike rights for ACTU protests

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 11 : 31-Oct-18

The Australian Workers’ Union served Alcoa with a notice of indefinite work stoppages at its Western Australia refineries earlier in October. The industrial action was slated to commence the day before the ACTU began a series of national protests. AWU delegate Stuart Allen has told the Fair Work Commission that the timing was "good luck", but it has emerged that he send text messages to union members stating that the protected industrial action was in support of the ACTU campaign. The FWC ruled that the AWU’s representatives were not genuinely trying to collectively bargain.

CORPORATES
AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, ALCOA INCORPORATED, AUSTRALIA. FAIR WORK COMMISSION, ACTU

Union push for weekend casual pay rises

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Original article by Ewin Hannan
The Australian – Page: 5 : 6-Aug-18

The Shop, Distributive & Allied Employees’ ­Association will push for casual workers’ loadings to be increased from 10 per cent to 50 per cent on Saturdays. The SDA is also seeking a loading of 25 per cent for staff who work after 6pm on weeknights, in addition to the 25 per cent casual loading at present. The Australian Retailers Association’s executive director Russell Zimmerman argues that many casual workers in the retail sector can only work after 6pm, and they may not be given extra shifts if employment costs increase. The full bench of the Fair Work Commission will hear the wage claim on 16 August.

CORPORATES
SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIAN RETAILERS ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, ACTU

Push to throw out baseless unfair dismissal claims

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Original article by Joe Kelly, Ben Packham
The Australian – Page: 1 & 4 : 25-Jul-18

Changes to the Fair Work Commission’s procedures for dealing with unfair dismissal cases are among the recommendations of a review undertaken by ex-federal small business minister Bruce Billson. Amongst other things, he has recommended earlier intervention by the FWC to reject unfair dismissal claims against small businesses that are deemed to have no merit. Meanwhile, a new report from the Institute of Public Affairs shows that the number of people employed by small businesses in Australia has fallen by seven per cent over a decade.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, INSTITUTE OF PUBLIC AFFAIRS LIMITED, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, AUSTRALIA. PRODUCTIVITY COMMISSION, CONCEPT WIRE INDUSTRIES

Coalition told to boost Fair Work posts

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 9 : 4-Jul-18

The Australian Mines & Metals Association has warned that the Fair Work Commission is under-resourced. AMMA CEO Steve Knott says the Federal Government should appoint up to seven additional FWC members in order to address its heavy workload. He notes that the FWC currently has 39 commissioners, compared with 46 when Labor was last in office in 2013. Knott also supports the Productivity Commission’s recommendation to limit FWC members’ terms to 10 years.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS

Bid to sideline CFMEU falls at a legal hurdle

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 10 : 27-Jun-18

The Construction, Forestry, Mining & Energy Union has successfully challenged the use of a greenfields enterprise agreement by a CIMIC Group subsidiary. CPB, which was formerly known as Leighton, had struck a pay deal with the Australian Workers’ Union that sidelined the CFMEU. However, the full bench of the Fair Work Commission upheld the CFMEU’s appeal. The union’s Victorian president Ralph Edwards says CPB had attempted to misuse the greenfields provisions of the Fair Work Act to avoid renegotiating an existing enterprise agreement.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, CIMIC GROUP LIMITED – ASX CIM, CPB, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, AUSTRALIA. FAIR WORK COMMISSION

Union’s Eureka flag victory flies in the face of regulator

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Original article by Ewin Hannan
The Australian – Page: 6 : 5-Jun-18

The Fair Work Commission has ruled that displaying union logos or the Eureka flag on construction sites does not breach the building industry code. Commissioner Bernie Riordan ruled that workers would not get the impression that membership of the construction industry union is compulsory. The Australian Building & Construction Commission warned earlier in 2018 that construction firms could face bans if employees displayed the Eureka flag. ACTU secretary Sally McManus has welcomed the FWC’s ruling and called for the ABCC to be abolished.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, ACTU, WATPAC LIMITED – ASX WTP, PROBUILD PTY LTD, ELECTRICAL TRADES UNION

ALP seeks to shift the IR balance

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Original article by Ewin Hannan
The Australian – Page: 1 & 2 : 21-May-18

Shadow workplace relations minister Brendan O’Connor has accused the Federal Government of politicising the Fair Work Commission by failing to appoint any members with a union background. He says Labor will increase union representation on the FWC if it wins the next election, noting that all 14 appointments since the Coalition won office in 2013 have been employer ­appointments. However, Workplace Minister Craig Laundy argues that Labor appointed most of the 39 members of the FWC, including president Iain Ross.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), ACTU, AUSTRALIA. ROAD SAFETY REMUNERATION TRIBUNAL

ACTU calls for boost to Fair Work’s powers

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Original article by Ewin Hannan
The Australian – Page: 6 : 27-Apr-18

ACTU secretary Sally McManus says the Fair Work Commission should be able to order the compulsory arbitration of industrial disputes, as part of a broader increase in its powers. McManus argues that the FWC has become ineffective and there is a need to strengthen its powers to address issues such as wage theft, increases in the minimum wage and changes to industry award conditions such as the addition of paid domestic violence leave.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, ACTU

Not too late to unwind CFMMEU

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 6 : 28-Mar-18

The full bench of the Fair Work Commission will hear an appeal against the Construction, Forestry, Mining & Energy Union’s merger with the Maritime Union of Australia on 9 April. The merger formally took effect on 28 March, but the Australian Mines & Metals Association and Master Builders Australia believe that it can be overturned on legal grounds. The appeal will be based on the argument that a contempt court action against the MUA constitutes criminal proceedings, which would make the merger unlawful.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, MARITIME UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), MASTER BUILDERS AUSTRALIA INCORPORATED

Strike limits may extend to service sector – expert

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 7 : 29-Jan-18

Unions NSW secretary Mark Morey says the Fair Work Commission’s decision to suspend strike action by Sydney train drivers has set a "worrying precedent". The ruling was based on a section of the Fair Work Act which allows protected industrial action to be suspended if the welfare of the public could be at risk. The University of Sydney’s Professor Shae McCrystal says the ruling could potentially apply to a broad range of service industries, such as schools, childcare centres and medical clinics. The Rail, Tram & Bus Union’s national secretary Bob Nanva claims that the FWC ruling signals the "death of the right to strike" in Australia.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, UNIONS NSW, AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, UNIVERSITY OF SYDNEY, SYDNEY TRAINS, THE AUSTRALIAN INDUSTRY GROUP