INDUSTRIAL RELATIONS – AUSTRALIA

Employer warning on wage reforms

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Original article by Ewin Hannan
The Australian – Page: 4 : 2-Mar-20

ACTU secretary Sally McManus has criticised a proposal to allow workers to trade off penalty rates in return for higher basic wages. Fair Work Commission president Iain Ross has raised the prospect of extending ‘loaded rates’ in enterprise agreements to workers who are covered by industry awards. Employers’ groups have expressed support for the proposal, but some warn that it will not succeed if the FWC continues to adopt a ‘technical approach’ to approving enterprise agreements.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, ACTU, COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, THE AUSTRALIAN INDUSTRY GROUP

Negligent profits at workers’ expense

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Original article by Ewin Hannan
The Australian – Page: 8 : 21-Feb-20

Super Retail Group has advised that the extent of its wage underpayment scandal is worse than initially thought. The retailer says employees have been underpaid by $61.2m, compared with a previous estimate of $53m. Meanwhile, Professor Andrew Stewart from the University of Adelaide suggests that some employers have been negligent by shifting staff to annualised salaries while failing to determine if they have been working additional hours.

CORPORATES
SUPER RETAIL GROUP LIMITED – ASX SUL, UNIVERSITY OF ADELAIDE

Coles and Target are the tip of the iceberg. There could be dozens more underpayment scandals

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Original article by Euan Black
The New Daily – Page: Online : 20-Feb-20

Gerard Dwyer of the Shop, Distributive & Allied Employees’ Association says it is inevitable that another major company will admit to having underpaid its employees, after revelations that Target did so. The union has written to more than 100 employers, asking them to undertake a self-audit to ensure that their staff are being paid correctly. Dwyer has urged the federal government to restore the right of unions to conduct random checks of companies’ payrolls.

CORPORATES
SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION

Fair Work in grip of ALP influence

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Original article by Ewin Hannan
The Australian – Page: 6 : 20-Feb-20

The Australian Mines & Metals Association has expressed concern that Labor appointees have dominated the rulings made by the Fair Work Commission in recent years. AMMA says that 94 per cent of cases heard by the full bench of the FWC between 2017 and 2019 were presided over by Labor appointees. AMMA CEO Steve Knott adds that four members of the FWC – all appointed by Labor – heard 87 per cent of the cases during this period. He says AMMA has raised the issue with Prime Minister Scott Morrison.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Firms too slack on getting wages right

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Original article by Ewin Hannan
The Australian – Page: 5 : 19-Feb-20

The federal government’s crackdown on wage theft could include ‘naming and shaming’ companies that underpay their staff and disqualifying executives from holding board seats. Attorney-General Christian Porter says companies that underpay their employees could face a range of penalties in addition to civil or criminal ones. He has dismissed suggestions that the growing issue of wage underpayments is due to the complexity of the modern awards system.

CORPORATES
AUSTRALIA. ATTORNEY-GENERAL’S DEPT

Coles managers go back to time sheets

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 10 : 19-Feb-20

The Fair Work Ombudsman will investigate Coles Group following revelations that salaried managers of its supermarkets and liquor stores had not received their correct overtime payments for six years. Coles will provide affected employees with $15m in backpay, as well as $5m in interests and costs. It will also require staff to clock on and off at the start and end of their shifts; Gerard Dwyer of the Shop, Distributive & Allied Employees Association says this policy has not been strictly enforced in the past. The Australian Retail Association contends that the majority of underpayments are due to the complexity of industry awards.

CORPORATES
COLES GROUP LIMITED – ASX COL, AUSTRALIA. FAIR WORK OMBUDSMAN, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIAN RETAILERS ASSOCIATION

Unions lean on ALP over super choice bill

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 6 : 7-Feb-20

The union movement is urging Labor to vote against proposed legislation that would ban enterprise agreements from stating that workers must join a union-backed superannuation fund. Labor senator Tony Sheldon recently warned the party’s caucus against voting for the bill, while ACTU assistant secretary Scott Connolly says the proposed legislation would have a major impact on industry funds such as UniSuper.

CORPORATES
AUSTRALIAN LABOR PARTY, ACTU, UNISUPER LIMITED

Employers push for Fair Work review

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 9 : 3-Feb-20

The Australian Mines & Metals Association has called for a review of the Fair Work Commission, as well as the appointment of seven new commissioners over the next year. AMMA CEO Steve Knott has outlined a number of concerns about the FWC in a letter to Industrial Relations Minister Christian Porter. They include the lengthy delays in approving workplace agreements and claims that the allocation of full bench cases tends to favour Labor appointees.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIA. DEPT OF EMPLOYMENT, SKILLS, SMALL AND FAMILY BUSINESS, AUSTRALIA. ATTORNEY-GENERAL’S DEPT

FWC ruling a win for casual workers

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Original article by Ewin Hannan
The Australian – Page: 6 : 24-Jan-20

The full bench of the Fair Work Commission has ruled that a casual sales assistant at Bed Bath N’ Table is entitled to pursue an unfair dismissal claim against the retailer. FWC deputy president Amanda Man­sini had previously ruled that the employee was not covered by unfair dismissal laws, as her employment was not regular and systematic. However, the full bench rejected Mansini’s reasoning and ruled that the case can proceed.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, BED BATH AND TABLE

High Court to hear sick leave appeal

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Original article by Michael Pelly
The Australian Financial Review – Page: 8 : 10-Jan-20

The High Court has granted Mondelez International special leave to appeal against a 2019 Full Federal Court ruling in regard to the payment of sick leave to workers at its Cadbury plant in Tasmania. Amanda Banfield, Mondelez’s president for Australia and New Zealand, had stated that the Federal Court’s ruling meant that employees working the same hours on different rosters would be eligible for different leave amounts. Mondelez’s appeal has the backing of the federal government.

CORPORATES
MONDELEZ AUSTRALIA (FOODS) LIMITED, HIGH COURT OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, CADBURY AUSTRALIA LIMITED