ADMINISTRATIVE COURTS – AUSTRALIA

Delay likely for small business waiting on penalty rate trade-off

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Original article by Ewin Hannan
The Australian – Page: 4 : 1-Sep-17

A proposal to allow smaller retailers and fast-food restaurants to scrap penalty rates and overtime pay in return for a 25 per cent increase in base pay has the support of Council of Small Business Australia CEO Peter Strong. However, the Fair Work Commission is not expected to consider permitting a trial of "loaded rates" before the second half of 2018. Strong says unions and employers’ groups that represent large companies are likely to object to the proposal, as many such companies have already traded off Sunday penalty rates in their enterprise agreements.

CORPORATES
COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, AUSTRALIA. FAIR WORK COMMISSION, ACTU, AUSTRALIAN LABOR PARTY, AEROCARE OPERATIONS PTY LTD, TRANSPORT WORKERS’ UNION

CFMEU loss as bench rules code-compliant deal OK

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Original article by Ewin Hannan
The Australian – Page: 2 : 16-Aug-17

The Fair Work Commission has ruled that Lendlease Engineering’s enterprise bargaining agreement in New South Wales is valid. The Construction, Forestry, Mining & Energy Union had appealed against the FWC’s June 2017 decision to approve the EBA, which complies with the Federal Government’s building code. Employment Minister Michaelia Cash has urged the CFMEU to negotiate code-compliant EBAs. Cash also wants union mergers to be subject to a public-interest test.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, LEND LEASE GROUP LIMITED – ASX LLC, AUSTRALIA. DEPT OF EMPLOYMENT, MARITIME UNION OF AUSTRALIA, NATIONAL UNION OF WORKERS, UNITED VOICE, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, AUSTRALIAN LABOR PARTY, NICK XENOPHON TEAM, ONE NATION PARTY

Bluescope wins labour dispute

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Original article by Anna Patty
The Age – Page: 23 : 10-Aug-17

The Fair Work Commission has ruled that it was appropriate for Bluescope Steel to hire contract labour to cope with a seasonal rise in demand at its steel mill in Victoria, rather than employing permanent employees for just eight weeks. The steel-maker had contended that its enterprise agreement allowed it to hire temporary workers without obtaining the consent of unions, an argument which had been rejected by the Australian Workers’ Union. BlueScope also argued that overtime restrictions prevented it from using existing staff, which the AWU also disputed.

CORPORATES
BLUESCOPE STEEL LIMITED – ASX BSL, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES

Union claims not practical

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Original article by Estha Van Der Linden
The Advertiser – Page: 26 : 25-Jul-17

The Fair Work Commission has rejected claims by the union movement for paid leave for family and domestic violence, after some months of consideration. It has also rejected applications for changes to part-time and casual employment; both measures would have served as a deterrent to employment. The FWC is now considering an application to have paid leave for giving blood to be inserted in some awards, despite blood donation being a strictly voluntary act and something that employees can do in their own time.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, BUSINESS SA, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY

Spitting chips: workers accuse potato giant of ‘wage theft’

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Original article by Anna Patty
The Age – Page: 4 : 6-Jul-17

The National Union of Workers has warned that extending the industrial award for farm workers to people who work in packing and storage sheds could result in wage cuts of up to eight per cent. Potato grower Mitolo Group has applied to the Fair Work Commission to have the scope of the Horticulture Award broadened to include non-farm gate workers, but the NUW argues that such staff should be covered by the Storage Services Award.

CORPORATES
MITOLO GROUP PTY LTD, NATIONAL UNION OF WORKERS, AUSTRALIA. FAIR WORK COMMISSION, THE AUSTRALIAN INDUSTRY GROUP

Alarm over ruling on casual staff

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 4 : 6-Jul-17

The Australian Retailers Association has warned that smaller retailers in particular will be hard hit by a ruling that some casual employees will be entitled to become permanent staff after 12 months’ employment. The Fair Work Commission’s ruling applies to casual employees who are covered by 85 industrial awards, although the FWC rejected the ACTU’s push for casual employees to be given working shifts of at least four hours. The FWC will allow employers to refuse to convert casual staff to permanent employees if they have reasonable grounds to do so.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN RETAILERS ASSOCIATION, ACTU, THE AUSTRALIAN INDUSTRY GROUP

Retailers start cutting Sunday penalty rates

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 10-Apr-17

The Fair Work Commission recently approved a new workplace agreement for kikki.K employees that includes provision for changes to Sunday and public holiday penalty rates in the retail industrial award. FWC deputy president Geoff Bull conceded that the stationery retailer’s employees could be adversely affected by this clause. However, he found that kikki.K’s commitment to increase employees’ base hourly rates by at least 5.7 per cent more than the award rate for 2015-16 meant the agreement complies with the "better off overall test".

CORPORATES
KIKKI.K PTY LTD, AUSTRALIA. FAIR WORK COMMISSION, RETAIL AND FAST FOOD WORKERS UNION, THE AUSTRALIAN INDUSTRY GROUP

Sacking over salesman’s ‘crude’ Facebook post unfair

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 6 : 10-Apr-17

The Fair Work Commission has directed LED Technologies to pay compensation to a former salesman after it found that he was unfairly dismissed over a Facebook post. LED claimed that the post – which contained offensive language – was in breach of its social media policy which bans using social media at work. In his defence, the salesman had claimed that he was on a break at the time, that he was unaware of the policy, and that the post made no reference to LED.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, LED TECHNOLOGIES PTY LTD, FACEBOOK AUSTRALIA PTY LTD

Abbott: PM must sell penalty rates cut harder

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Original article by Joe Kelly, David Crowe, Ewin Hannan, Rosie Lewis
The Australian – Page: 1 & 6 : 3-Mar-17

Some Coalition MPs have urged Prime Minister Malcolm Turnbull to more actively promote the economic benefits of the Fair Work Commission’s decision on Sunday penalty rates. Former prime minister Tony Abbott has also urged Turnbull to place more emphasis on the potential for job creation as a result of the ruling, and says a proposal by Coalition backbencher Eric Abetz to "grandfather" the new penalty rates regime has merit. However, this is opposed by employers’ groups and the Australian Labor Party.

CORPORATES
AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. FAIR WORK COMMISSION, THE AUSTRALIAN INDUSTRY GROUP, AUSTRALIAN LABOR PARTY, AUSTRALIA. OFFICE OF THE AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN, NATIONAL PARTY OF AUSTRALIA, LIBERAL PARTY OF AUSTRALIA

Shorten pays penalty as IR attack undermined

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Original article by Ewin Hannan
The Australian – Page: 1 & 6 : 24-Feb-17

The ACTU estimates that employees affected by the Fair Work Commission’s ruling on Sunday penalty rates face a reduction of between $1,800 and $A6,600 in their take-home pay. Opposition Leader Bill Shorten has committed to overturning the FWC’s decision, but Employ­ment Minister Michaelia Cash notes that the FWC was given powers to review penalty rates when Shorten was workplace relations minister. Prime Minister Malcolm Turnbull in turn noted that Shorten has previously said he would accept the FWC’s ruling on penalty rates.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, ACTU, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, THE AUSTRALIAN INDUSTRY GROUP, TOURISM ACCOMMODATION AUSTRALIA, BUSINESS COUNCIL OF AUSTRALIA, AUSTRALIA. PRODUCTIVITY COMMISSION