ADMINISTRATIVE COURTS – AUSTRALIA

Fair Work dysfunction needs fixing

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Original article by David Marin-Guzman, Aaron Patrick
The Australian Financial Review – Page: 1 & 4 : 24-Jan-17

The Fair Work Commission is under scrutiny following the resignation of vice-president Graeme Watson, who accused it of being "‘partisan, dysfunctional and divided". Australian Mines & Metals Association CEO Steve Knott has called for a review of the FWC, while former prime minister Tony Abbott claims that it is "pro union and anti-jobs". Eight members of the FWC have either resigned or opted for early retirement since 2013.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF EMPLOYMENT, UNIVERSITY OF ADELAIDE, FEDERAL COURT OF AUSTRALIA, ACTU, AUSTRALIA. PRODUCTIVITY COMMISSION

Miners demand Fair Work overhaul

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Original article by Ewin Hannan
The Australian – Page: 6 : 26-Oct-16

Australian Mines & Metals Association CEO Steve Knott has called for Employment Minister Michaelia Cash to implement an independent review of the Fair Work Commission. Knott has accused the FWC of being "highly dysfunctional" and politicised, and says several senior members of the FWC have told him that they intend to retire early for these reasons. Knott has also urged the Federal Government to pursue industrial relations reforms such as changes to unfair dismissal laws and restricting unions’ right to access workplaces.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIA. PRODUCTIVITY COMMISSION, GROCON PTY LTD, VICTORIA. COUNTRY FIRE AUTHORITY

BHP Coal ordered to reinstate miner after scab comment

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Original article by Ewin Hannan
The Australian – Page: 8 : 29-Sep-16

The Fair Work Commission has ruled that BHP Billiton’s coal division must reinstate an employee at its Saraji mine in Queensland, who was sacked for using the word "scab". A mine manager had argued that the use of the word "scab" was much worse in the industrial relations context than using certain swear words in the workplace.

CORPORATES
BHP BILLITON LIMITED – ASX BHP, AUSTRALIA. FAIR WORK COMMISSION

Rio miner bullied for working too hard

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Original article by Ewin Hannan
The Australian – Page: 6 : 13-Sep-16

The Fair Work Commission has dismissed an unfair dismissal claim by an employee at Rio Tinto’s Mount Thorley coal mine in the Hunter Valley. The employee and a colleague were sacked over allegations that they had bullied another employee, while a third man was reprimanded. Their victim has claimed that they believed that he was working too hard during his shifts. Although he did not make a formal complaint about the bullying, Rio Tinto took action after the three men attempted to box in their victim’s car on a highway.

CORPORATES
RIO TINTO LIMITED – ASX RIO, AUSTRALIA. FAIR WORK COMMISSION

Casual hours to count in redundancy

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Original article by Anna Patty
The Age – Page: 23 : 17-Aug-16

The full bench of the Fair Work Commission has ruled that permanent employees who were initially hired as casual staff should have the latter period of service recognised in a termination payout. The FWC had ruled earlier in 2016 that redundancy payments at engineering and shipbuilding firm Forgacs should be based only on an employee’s period of permanent employment. However, the Australian Manufacturing Workers’ Union has succeeded in having the ruling overturned on appeal.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, FORGACS ENGINEERING PTY LTD, AUSTRALIAN MANUFACTURING WORKERS’ UNION, ASC PTY LTD

Questions over IR judge’s role in CFA row

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Original article by Aaron Patrick
The Australian Financial Review – Page: 6 : 8-Aug-16

The role of Fair Work Commission president Iain Ross in the Victorian Country Fire Authority dispute is under scrutiny. Former CFA board member and farmer Michael Freshwater has questioned whether Ross acted impartially in the dispute over an enterprise bargaining agreement. He has written to Employment Minister Michaelia Cash requesting an independent inquiry. There have been suggestions that despite being a state issue, the CFA dispute may have affected Labor’s chances of winning the federal election.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, VICTORIA. COUNTRY FIRE AUTHORITY, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, FEDERAL COURT OF AUSTRALIA, EAST GIPPSLAND LIVESTOCK EXCHANGE, EAST GIPPSLAND SHIRE COUNCIL, VICTORIA. DEPT OF JUSTICE AND REGULATION, VICTORIA. DEPT OF PREMIER AND CABINET

Millions can cash out leave

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Original article by Nick Toscano
The Age – Page: 23 : 4-Aug-16

Almost two million Australian employees who are covered by the modern industrial awards system will now have the option of cashing out part of their annual leave entitlement. The Fair Work Commission’s decision to allow cashing out has the support of the Australian Chamber of Commerce & Industry, although ACTU secretary Dave Oliver has expressed concern about the potential ramifications of the decision. The FWC is expected to issue a ruling on weekend penalty rates in September 2016.

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

Power ‘at risk’ over CFMEU dispute

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Original article by Greg Brown
The Australian – Page: 3 : 12-Jul-16

The Fair Work Commission has ruled in AGL Energy’s favour in a dispute with the Construction, Forestry, Energy & Mining Union. An interim order requires workers at AGL’s Loy Yang A power station in Victoria to resume normal working hours. AGL had alleged that the CFMEU’s ban on working overtime constituted unprotected industrial action. The dispute centres on the CFMEU’s wage claim, which would result in Loy Yang workers being paid an average of $A180,000 per year for a four-day working week.

CORPORATES
AGL ENERGY LIMITED – ASX AGL, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, LOY YANG A

Patrick bid to end dispute on enterprise agreement

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Original article by Ewin Hannan
The Australian Financial Review – Page: 10 : 24-Jun-16

Stevedoring firm Patrick wants the Fair Work Commission to intervene in a dispute over a new enterprise agreement with the Maritime Union of Australia. Patrick will ask the commission to order the union to respond to the company’s proposal, which was made in April 2016. The union criticised the move but it said it has no plans to put pressure on the company through industrial action before the federal election on 2 July.

CORPORATES
PATRICK CORPORATION LIMITED, ASCIANO LIMITED – ASX AIO, MARITIME UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION

Reform FWC for actual fairness

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Original article by Steve Knott
The Australian – Page: 12 : 10-Jun-16

Opposition Leader Bill Shorten’s abrupt change in stance regarding the Fair Work Commission’s review of weekend penalty rates was not unexpected. FWC president Iain Ross – a former ACTU official – was appointed by Shorten in 2012, when he was the nation’s industrial relations minister. Indeed, 18 of the 27 appointments to the "independent" FWC made by the Australian Labor Party between 2007 and 2013 were affiliated with Labor or were previously in the union movement. Meanwhile, a survey has found that 87 per cent of employers in the resources sector support a review of the FWC.

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