INDUSTRIAL RELATIONS – AUSTRALIA – REGULATION

Employers pitch Fair Work reform

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 29-Jul-25

The Australian Resources & Energy Employers Association is calling for an end to politically-biased appointments to the Fair Work Commission ahead of the federal government’s productivity roundtable. With both Coalition and Labor governments having been accused of favouring people with employer or union backgrounds, respectively, when making FWC appointments, the AREEA has used its submission to the roundtable to call for them to be made by an independent panel; it would comprise the federal industrial relations minister, the ACTU and employer groups.

CORPORATES
AUSTRALIAN RESOURCES AND ENERGY EMPLOYER ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, ACTU

New IR laws ‘can’t stop AI’s impact’

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Original article by Ewin Hannan
The Australian – Page: 6 : 21-May-24

The Senate is conducting an inquiry into the adoption of artificial intelligence, with the ACTU using its submisssion to claim that current laws do not adequately ensure there is "sufficient openness, trans­parency and consent to the use of AI". The ACTU stated that the Fair Work Act does not provide sufficient protection against victimisation and discrimination where a human decision-maker is concerned, leaving it totally inequipped to deal with AI-based decision-making. The Australian Services Union used its submission to ensure that generous redundancy provisions are in place when job losses cannot be avoided because of AI, while the shop assistants union voiced concerns about algorithm-led rostering used across retail and warehousing.

CORPORATES
ACTU, AUSTRALIAN SERVICES UNION

A plan for unions, not nation

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Original article by Joe Kelly
The Australian – Page: 4 : 7-Mar-23

Australian Resources and Energy Employer Association CEO Steve Knott has backed claims by former Productivity Commission chair Gary Banks that Australia is going "backwards" on industrial relations. Knott contends that the federal government’s changes to industrial relations laws are all about trying to revive falling union membership numbers, rather than what is good for Australia. Industrial Relations Minister Tony Burke has dismissed Banks’ criticisms, suggesting that he is making the case for how "the nation can be better off if people have less secure jobs on lower wages", with Burke saying that was not just his view.

CORPORATES
AUSTRALIAN RESOURCES AND ENERGY EMPLOYER ASSOCIATION, AUSTRALIA. PRODUCTIVITY COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT AND WORKPLACE RELATIONS

The real scandal behind wage theft

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Original article by Jennifer Hewett
The Australian Financial Review – Page: 2 : 21-Feb-20

The Fair Work Commission is about to impose onerous new rules concerning the recording and reconciliation of hours being worked by salaried staff. They are being imposed at a time when technological advances are blurring the distinction between work and home, making the traditional 40-hour week seem an illusion. There has been a lot of controversy recently about employees not getting paid for all the hours they have worked, but there are often good reasons why people choose to work extra hours, including a desire to develop their career. Most cases of underpayment are unlikely to have been deliberate.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, WESFARMERS LIMITED – ASX WES, COLES GROUP LIMITED – ASX COL

Unionist in bogus safety campaign

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Original article by Ewin Hannan
The Australian – Page: 2 : 13-Aug-19

A CFMEU official has been found to have engaged in unorganised unlawful industrial action, coercion and adverse action against crane company Red Cranes. Federal Circuit Court judge Robert Cameron has found that Tony Sloane orchestrated a sham safety campaign against the company after it terminated the employment of a union delegate after he suffered a series of knee injuries that Red Cranes felt posed a safety risk. Cameron’s findings against Sloane followed legal action by the Australian Building and Construction Commission.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL CIRCUIT COURT OF AUSTRALIA, RED CRANES, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

Backbench push unfair dismissal

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Original article by Phillip Coorey
The Australian Financial Review – Page: 1 & 4 : 12-Aug-19

The business sector is calling for changes to industrial relations laws, and Coalition backbenchers are also pressuring the federal government for action in this area. The Business Council of Australia has called for the replacement of the ‘better off overall test’ with a new test that would only require each class of employee, rather than each individual employee, not to be worse off when the Fair Work Commission is asked to approve an enterprise agreement. Meanwhile, Liberal National party senator Amanda Stoker claims unfair dismissal laws as they apply to small and medium businesses represent a "block to growth", while she also says the modern award system is too complicated.

CORPORATES
BUSINESS COUNCIL OF AUSTRALIA, LIBERAL-NATIONAL PARTY OF QUEENSLAND

Employers face $8b back pay bill for casuals

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 13-Sep-18

The Australian Industry Group estimates employers may have to fork out as much as $8 billion in back pay to "regular" casuals following a recent court decision. The decision involved Workpac and a casual mine driver, with the Federal Court finding he was entitled to be paid accrued annual leave because the hours he worked were regular and predictable, even though he received additional pay in lieu of leave entitlements. The AIG estimates around 1.6 million workers could be deemed "regular casuals", with its calculation of how much they might be owed based on granting them paid leave for the past five years. Employer groups were hoping Workpac would challenge the decision in the High Court, but it has elected not to do so.

CORPORATES
THE AUSTRALIAN INDUSTRY GROUP, WORKPAC PTY LTD, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, UNIVERSITY OF ADELAIDE

CFMEU fights Lendlease to fly flags

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Original article by Ewin Hannan
The Australian Financial Review – Page: 3 : 15-Apr-16

The removal of union flags from cranes at Lend Lease’s apartment project in Brisbane has triggered a strike by construction workers. Lawyers for the Construction, Forestry, Mining & Energy Union argued before the Fair Work Commission that Lend Lease’s action was an attack on "a workplace right", but the commission rejected this argument and ordered workers to return to work.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, LEND LEASE GROUP LIMITED – ASX LLC, MASTER BUILDERS OF AUSTRALIA, BUILDERS’ LABOURERS, PAINTERS’ AND PLASTERERS’ UNION, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

Malcolm Turnbull in fresh push to curb union power

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Original article by David Crowe
The Australian – Page: 1 & 6 : 19-Oct-15

The Australian Government will press ahead with legislation to reinstate the Australian Building & Construction Commission (ABCC). The bill was narrowly defeated in the Senate in August 2015, while a bill to impose criminal sanctions on officials of registered organisations such as unions was also rejected by the Senate. Employment Minister Michaelia Cash says the proposed merger between the Construction, Forestry, Mining & Energy Union and the Maritime Union of Australia highlights the need to reinstate the ABCC.

CORPORATES
AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, MARITIME UNION OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN LABOR PARTY, LIBERAL DEMOCRATIC PARTY, FAIRFAX MEDIA LIMITED – ASX FXJ, IPSOS AUSTRALIA PTY LTD, NEWSPOLL

Future of work could be one award

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Original article by Ewin Hannan
The Australian Financial Review – Page: 1 & 9 : 20-Mar-15

The Business Council of Australia’s submission to an inquiry into workplace relations has proposed a gradual shift to a single industrial award for all sectors of the economy. As an interim measure, just one award would apply to each industry before being phased out in favour of a universal award. The employers’ association also proposes the adoption of one penalty rate for all employees, and paring back awards to cover just 10 employment issues

CORPORATES
BUSINESS COUNCIL OF AUSTRALIA, AUSTRALIA. PRODUCTIVITY COMMISSION, AUSTRALIA. FAIR WORK COMMISSION