INDUSTRIAL RELATIONS – AUSTRALIA

Business seeks new deal on casuals

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Original article by Ewin Hannan
The Australian – Page: 1 & 8 : 25-Sep-18

The NSW Business Chamber has proposed changes to six industry awards in response to a landmark Federal Court ruling on the annual leave rights of casual workers. The Chamber proposes allowing casual workers who are regularly rostered to become "perma-flexi" employees with paid leave entitlements, while their casual loading would be reduced from 25 per cent to just 10 per cent. The Chamber has put its proposal to Fair Work Commission president Iain Ross, while the federal government is believed to be looking at options such as amendments to the Fair Work Act in response to the court ruling.

CORPORATES
NSW BUSINESS CHAMBER LIMITED, AUSTRALIA. FAIR WORK COMMISSION, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS

Gig workers oppose Labor’s job proposals

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 20-Sep-18

A Senate committee has released a report which has recommended greater regulation of the gig economy in order to protect workers in the sector. Amongst other things, the inquiry into the future of work has recommended broadening the definition of an employee to include workers in the gig economy, who are generally regarded as independent contractors. However, some people who work as ride-sharing drivers say the flexibility of their working hours is a key attraction and they will quit the sector if there is any change to their employment status.

CORPORATES
AUSTRALIAN LABOR PARTY, UBER AUSTRALIA PTY LTD, TAXIFY, RIDE SHARE DRIVERS ASSOCIATION OF AUSTRALIA

Legal test looms over Qantas’ bonus bribes

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Original article by Patrick Hatch
The Age – Page: 21 : 18-Sep-18

The Fair Work Commission may be asked to rule on the validity of its cash performance bonus scheme. The airline’s employees will be eligible for a cash bonus of $2,000 provided they sign a new enterprise bargaining agreement. Unions have expressed concern about a provision of the scheme which excludes all employees in a work group from receiving the bonus if one or more of them engages in conduct that causes harm to the airline. Unions believe that this may breach workplace laws, as the "harm" caused could potentially be interpreted to include protected industrial action.

CORPORATES
QANTAS AIRWAYS LIMITED – ASX QAN, AUSTRALIA. FAIR WORK COMMISSION, UNIVERSITY OF ADELAIDE

Unions double down on trickle down Morrison

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Original article by Dana McCauley
The Age – Page: 5 : 29-Aug-18

The ACTU has signalled that industrial relations will be a key focus of its campaigning in the next federal election. ACTU secretary Sally McManus has described Prime Minister Scott Morrison as the "architect of trickle-down economics" and accused him of being out of touch with working people. The ACTU’s national president Michele O’Neil has urged Industrial Relations Minister Kelly O’Dwyer to support the introduction of paid domestic violence leave. Opposition Leader Bill Shorten has committed to introducing such leave if he wins office.

CORPORATES
ACTU, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIAN LABOR PARTY

Class action firm challenges CFMMEU

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 27-Aug-18

Class action law firm Adero Law is challenging an agreement involving the Construction, Forestry, Maritime, Mining & Energy Union. The CFFMEU had secured a 2017 court decision to have an enterprise agreement provided by One Key Workforce, a mining subsidiary of labour hire firm Fircroft, deemed invalid. It has agreed not to pursue the decision if Fircroft pays its members $3.5 million to cover alleged underpayments and enters into an improved labour agreement with the CFMMEU. Adero Law contends that the deal with Fircroft is not in the interest of clients who are former One Key employees and who were not CFFMEU members. CFFMEU president Tony Maher says its agreement does not stop non-union One Key workers seeking compensation for underpayments.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, ADERO LAW, ONE KEY WORKFORCE, FIRCROFT GROUP, AUSTRALIA. FAIR WORK COMMISSION

Woolworths strikes new EBA deal

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 9 : 21-Aug-18

The take-home pay of current Woolworths employees will not be affected by a new enterprise bargaining agreement that has been struck with the Shop, Distributive & Allied Employees’ Association. Employees will receive the full penalty rates and casual loading rates of the retail industry award, although "loaded" base rates will be reduced. The new EBA also includes an employee bonus of up to $1,100 dollars. Retail & Fast Food Workers Union secretary Josh Cullinan claims that Woolworths employees are collectively owed about $1bn under the previous EBA.

CORPORATES
WOOLWORTHS GROUP LIMITED – ASX WOW, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, RETAIL AND FAST FOOD WORKERS UNION INCORPORATED, COLES SUPERMARKETS AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK COMMISSION

Union push for weekend casual pay rises

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Original article by Ewin Hannan
The Australian – Page: 5 : 6-Aug-18

The Shop, Distributive & Allied Employees’ ­Association will push for casual workers’ loadings to be increased from 10 per cent to 50 per cent on Saturdays. The SDA is also seeking a loading of 25 per cent for staff who work after 6pm on weeknights, in addition to the 25 per cent casual loading at present. The Australian Retailers Association’s executive director Russell Zimmerman argues that many casual workers in the retail sector can only work after 6pm, and they may not be given extra shifts if employment costs increase. The full bench of the Fair Work Commission will hear the wage claim on 16 August.

CORPORATES
SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIAN RETAILERS ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, ACTU

Spotless accused of scam to underpay cleaners

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Original article by Ewin Hannan
The Australian – Page: 7 : 26-Jul-18

United Voice alleges that Spotless Group was part of a conspiracy to cheat cleaning staff at Myer stores out of wages and entitlements. The union has launched legal action against Spotless, claiming that 58 cleaners had been required to register as independent contractors rather than employees. They were therefore not entitled to superannuation or penalty rates, and were paid a flat hourly wage that was below the award rate. Spotless has denied that it had engaged in sham contracting. United Voice is seeking penalties of at least $A1m.

CORPORATES
SPOTLESS GROUP HOLDINGS LIMITED – ASX SPO, UNITED VOICE, MYER HOLDINGS LIMITED – ASX MYR, INCI CORP PTY LTD, FEDERAL COURT OF AUSTRALIA, MAURICE BLACKBURN PTY LTD

Push to throw out baseless unfair dismissal claims

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Original article by Joe Kelly, Ben Packham
The Australian – Page: 1 & 4 : 25-Jul-18

Changes to the Fair Work Commission’s procedures for dealing with unfair dismissal cases are among the recommendations of a review undertaken by ex-federal small business minister Bruce Billson. Amongst other things, he has recommended earlier intervention by the FWC to reject unfair dismissal claims against small businesses that are deemed to have no merit. Meanwhile, a new report from the Institute of Public Affairs shows that the number of people employed by small businesses in Australia has fallen by seven per cent over a decade.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, INSTITUTE OF PUBLIC AFFAIRS LIMITED, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, AUSTRALIA. PRODUCTIVITY COMMISSION, CONCEPT WIRE INDUSTRIES

Shorten’s fair-pay pledge to workers

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Original article by Ewin Hannan
The Australian – Page: 5 : 17-Jul-18

Opposition Leader Bill Shorten will use an ACTU Congress speech on 17 July to press his industrial relations credentials. He will commit to legislating to ensure that labour-hire firms face prosecution for underpaying their staff. Shorten will argue that such workers should receive the same wages and conditions as directly-employed colleagues who are covered by an enterprise agreement. The Australian Industry Group says Shorten’s proposal would reduce workplace flexibility and make local businesses less competitive.

CORPORATES
AUSTRALIAN LABOR PARTY, ACTU, THE AUSTRALIAN INDUSTRY GROUP, AUSTRALIA. FAIR WORK OMBUDSMAN