INDUSTRIAL RELATIONS – AUSTRALIA

Guthrie turns to Fair Work with complaint against ABC

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Original article by Max Mason, David Marin-Guzman
The Australian Financial Review – Page: 2 : 19-Oct-18

The Fair Work Commission has received an adverse action claim against the ABC from Michelle Guthrie following her dismissal as MD in late September. Should the case proceed to the Federal Court, Guthrie could potentially seek unlimited compensation for lost remuneration, given that she was sacked only halfway through her five-year contract. Guthrie could also seek compensation for hurt and suffering. Her annual salary of around $900,000 at the ABC is above the threshold for an unfair dismissal claim.

CORPORATES
AUSTRALIAN BROADCASTING CORPORATION, AUSTRALIA. FAIR WORK COMMISSION, FEDERAL COURT OF AUSTRALIA, MAURICE BLACKBURN PTY LTD, JOHNSON WINTER AND SLATTERY

Fines a reminder of ACTU rally penalties

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Original article by Ewin Hannan
The Australian – Page: 4 : 11-Oct-18

The Federal Court has fined 75 construction workers $1,400 apiece for engaging in unlawful industrial action in Perth in 2013. Stephen McBurney, the head of the Australian Building and Construction Commission, says the fines are a "timely reminder" of the consequences of breaching workplace laws. The ABCC recently warned that building workers who participate in upcoming union rallies without written approval from their employee could potentially be prosecuted.

CORPORATES
FEDERAL COURT OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, ACTU, WORKPAC PTY LTD, SAS GROUP, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS

Small business backs flexi worker plan

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Original article by Ewin Hannan
The Australian – Page: 2 : 26-Sep-18

The NSW Business Chamber’s proposal to add a new category of "perma-flexi" employees to industry awards has been criticised by ACTU secretary Sally McManus. She says workers would have no certainty regarding their income or hours of work from one week to the next. However, Small Business and Family Enterprise Ombudsman Kate Carnell says the proposal has merit, noting that casual workers would be better off financially despite a reduction in their loading from 25 per cent to 10 per cent.

CORPORATES
NSW BUSINESS CHAMBER LIMITED, ACTU, AUSTRALIA. OFFICE OF THE AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIA. FAIR WORK COMMISSION, FEDERAL COURT OF 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