ADMINISTRATIVE COURTS – AUSTRALIA

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

Labor’s Fair Work plan insane

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Original article by Ewin Hannan
The Australian – Page: 4 : 25-Jan-18

Australian Mines & Metals Association CEO Steve Knott has criticised the Federal Opposition’s proposal to give Fair Work Commission more power to arbitrate industrial disputes. He argues that the FWC is already dominated by former union officials and Labor supporters, adding that it would be "insanity" to give it more power. Australian Industry Group CEO Innes Willox says the FWC’s existing powers to intervene are sufficient.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIAN LABOR PARTY, THE AUSTRALIAN INDUSTRY GROUP, ACTU

‘Show them your tits’: Fair Work upholds sacking of car manager

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 24-Jan-18

The full bench of the Fair Work Commission has dismissed an appeal by the former business manager of a Queensland car dealership. Phillip Parker had been dismissed by Cricks Volkswagen for sexual harassment after a female employee alleged that he had made inappropriate comments to her. Parker appealed against the original ruling, citing it as an example of "male inequality".

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, CRICKS VOLKSWAGEN

ALP’s Fair Work Commission power play

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Original article by Ewin Hannan
The Australian – Page: 1 & 2 : 24-Jan-18

ACTU secretary Sally McManus has expressed support for the Federal Opposition’s proposal to give the Fair Work Commission more power to arbitrate industrial disputes. Labor’s workplace relations spokesman Brendan O’Connor says that while the parties to a dispute should always seek to resolve it themselves, an alternative is needed when one party has not acted in good faith. However, Australian Industry Group CEO Innes Willox has warned against any changes to the Fair Work Act that would give unions more bargaining power.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, ACTU, THE AUSTRALIAN INDUSTRY GROUP, UNIVERSITY OF ADELAIDE

Win for employers over casuals

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Original article by Ewin Hannan
The Australian – Page: 2 : 23-Jan-18

The Australian Manufacturing Workers’ Union has failed to have a Fair Work Commission ruling on casual workers overturned on appeal. The AMWU had contended that two labour-hire employees who had worked for Visy continuously for three months were entitled to become permanent employees under a clause in the packaging group’s enterprise agreement. The full bench of the FWC upheld the ruling that the clause was not a "permitted matter" under the Fair Work Act. ACTU secretary Sally McManus says the ruling highlights the need for changes to workplace laws.

CORPORATES
AUSTRALIAN MANUFACTURING WORKERS’ UNION, VISY INDUSTRIES AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK COMMISSION, ACTU, THE AUSTRALIAN INDUSTRY GROUP

Abuse ruling faces challenge from South32

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 9-Nov-17

South32 will appeal against the Fair Work Commission’s ruling that the sacking of a Construction, Forestry, Mining & Energy Union official constituted unfair dismissal. South32 was ordered to reinstate Matthew Gosek after the FWC found that the offensive language which prompted Gosek’s dismissal is widely used in society. However, Macquarie Group director Patricia Cross has described the ruling as "shameful". The issue of offensive language in the workplace has also come under scrutiny in the case against Westpac over the alleged manipulation of the bank bill swap rate.

CORPORATES
SOUTH32 LIMITED – ASX S32, AUSTRALIA. FAIR WORK COMMISSION, MACQUARIE GROUP LIMITED – ASX MQG, WESTPAC BANKING CORPORATION – ASX WBC, HERBERT SMITH FREEHILLS PTY LTD, DIVERSITY COUNCIL AUSTRALIA LIMITED

Swearing ruling lowers bar on behaviour

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 8-Nov-17

The Fair Work Commission has ruled that Construction, Forestry, Mining & Energy Union official Brad Upton is not a "fit and proper" person to hold a workplace right-of-entry permit. The ruling concerns his use of offensive language while addressing workers at the Gorgon LNG project. Meanwhile, the FWC has issued a separate ruling in which South32 was ordered to reinstate a CFMEU official for using similar language and making physical threats against eight workers.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, SOUTH32 LIMITED – ASX S32, K&L GATES LLP, CLAYTON UTZ, AUSTRALIAN HUMAN RESOURCES INSTITUTE, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, ELECTRICAL TRADES UNION

Domino’s faces $35m higher wage bill

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 5 : 2-Nov-17

Domino’s Pizza Enterprises will have to provide its 22,000-strong workforce with penalty rates after the Fair Work Commission terminated more than 20 enterprise agreements. The Retail & Fast Food Workers Union has estimated that Domino’s was saving between $A35m and $A50m a year by continuing to employ staff under the agreements, which had expired in 2005 and 2009. The FWC has given Domino’s until late January to shift employees to the industry award, but the fast-food chained has advised that it will introduce penalty rates in December.

CORPORATES
DOMINO’S PIZZA ENTERPRISES LIMITED – ASX DMP, AUSTRALIA. FAIR WORK COMMISSION, RETAIL AND FAST FOOD WORKERS UNION INCORPORATED, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, COLES SUPERMARKETS AUSTRALIA PTY LTD, WOOLWORTHS LIMITED – ASX WOW, McDONALD’S AUSTRALIA LIMITED, DEUTSCHE BANK AG

Rained-off but staff get overtime

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Original article by Ewin Hannan
The Australian – Page: 7 : 17-Oct-17

The full bench of the Fair Work Commission has dismissed an appeal against an earlier ruling concerning workers on the $A50 billion Ichthys LNG project. The Commission had then ruled that workers were entitled to remain on site during bad weather and still be allowed to receive overtime pay as part of their normal pay cycle. Kentz and UGL Operations & Maintenance had appealed the initial ruling.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, KENTZ (AUSTRALIA) PTY LTD, UGL LIMITED, AUSTRALIAN MANUFACTURING WORKERS’ UNION

High-stakes hearing looms for Domino’s

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Original article by Adele Ferguson
The Age – Page: 21 : 11-Oct-17

A Fair Work Commission hearing is scheduled for 1 November on an application to terminate existing enterprise agreements for Domino’s Pizza Enterprises staff. The Shop, Distributive & Allied Employees’ Association applied to terminate an enterprise agreement in July, although it is continuing to hold negotiations with the fast-food group. The Retail & Fast Food Workers Union is also seeking to have a Domino’s enterprise agreement terminated. Domino’s is also being investigated over allegations of wage fraud.

CORPORATES
DOMINO’S PIZZA ENTERPRISES LIMITED – ASX DMP, AUSTRALIA. FAIR WORK COMMISSION, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, RETAIL AND FAST FOOD WORKERS UNION INCORPORATED, AUSTRALIA. FAIR WORK OMBUDSMAN, DEUTSCHE BANK AG