INDUSTRIAL RELATIONS – AUSTRALIA

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

Coalition told to boost Fair Work posts

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 9 : 4-Jul-18

The Australian Mines & Metals Association has warned that the Fair Work Commission is under-resourced. AMMA CEO Steve Knott says the Federal Government should appoint up to seven additional FWC members in order to address its heavy workload. He notes that the FWC currently has 39 commissioners, compared with 46 when Labor was last in office in 2013. Knott also supports the Productivity Commission’s recommendation to limit FWC members’ terms to 10 years.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS

KPMG review into bungled census ‘compromised’, says whistleblower

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Original article by David Marin-Guzman, Edmund Tadros
The Australian Financial Review – Page: 3 : 29-Jun-18

Harmers Workplace Lawyers is taking legal action against KPMG and three of its senior executives on behalf of former associate director James Eldridge. KPMG has been accused of taking adverse action against Eldridge; he was dismissed as a result of complaints he made about KPMG’s review of the Australian Bureau of Statistics’ IT systems following the flawed 2016 census. Eldridge is said to have told KPMG that he felt that the review was not accurate or independent. KPMG has denied his allegations, and has stated that his dismissal was for "appropriate reasons".

CORPORATES
KPMG AUSTRALIA PTY LTD, HARMERS WORKPLACE LAWYERS, AUSTRALIAN BUREAU OF STATISTICS, DELOITTE TOUCHE TOHMATSU LIMITED, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Caltex franchisee fined over false pay records

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Original article by Anna Patty
The Sydney Morning Herald – Page: 24 : 28-Jun-18

The Federal Circuit Court has ordered former Caltex petrol station franchise operator Aulion to pay fines totalling $A80,190 for falsifying its employees’ wage records. The franchise’s owner Peter Dagher in turn has been fined $A16,038. The service station at Five Docks in Sydney is one of 15 that were investigated by the Fair Work Ombudsman over concerns about wage exploitation. The penalties for non-compliance have been significantly increased since 2016, when the breaches in question occurred.

CORPORATES
CALTEX AUSTRALIA LIMITED – ASX CTX, AULION PTY LTD, AUSTRALIA. FAIR WORK OMBUDSMAN, FEDERAL CIRCUIT COURT OF AUSTRALIA

Bid to sideline CFMEU falls at a legal hurdle

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 10 : 27-Jun-18

The Construction, Forestry, Mining & Energy Union has successfully challenged the use of a greenfields enterprise agreement by a CIMIC Group subsidiary. CPB, which was formerly known as Leighton, had struck a pay deal with the Australian Workers’ Union that sidelined the CFMEU. However, the full bench of the Fair Work Commission upheld the CFMEU’s appeal. The union’s Victorian president Ralph Edwards says CPB had attempted to misuse the greenfields provisions of the Fair Work Act to avoid renegotiating an existing enterprise agreement.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, CIMIC GROUP LIMITED – ASX CIM, CPB, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, AUSTRALIA. FAIR WORK COMMISSION

FWO loses bid to impose record fine against MUA

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 22-Jun-18

The Federal Court has ordered the Maritime Union of Australia to pay a $A38,000 fine over strike action at Hutchison Ports’ container terminals in 2015. The Fair Work Ombudsman had sought fines of up to $A3.5m over the unlawful industrial action, arguing that each work stoppage should have been treated as a separate breach of the Fair Work Act. Justice Jayne Jagot ruled that the strike comprised a single course of action and rejected the FWO’s push for Hutchison to be awarded more than $A620,000 in damages.

CORPORATES
MARITIME UNION OF AUSTRALIA, HUTCHISON PORTS AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK OMBUDSMAN, FEDERAL COURT OF AUSTRALIA

CFMMEU penalties hit $15m after abuse case

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Original article by Ewin Hannan
The Australian – Page: 2 : 15-Jun-18

The Construction, Forestry, Maritime, Mining & Energy Union has been fined $A43,200 over the conduct of organiser Bradley Upton. The Federal Court ruled that Upton had sought to intimidate non-union workers on the Gorgon LNG project into joining the union at a meeting in December 2015. Justice Michael Barker said his conduct was "quite appalling" and fined him $A8,100. Workplace Minister Craig Laundy has warned that such conduct in the workplace will occur frequently under Labor’s proposed union right-of-entry laws.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

ACTU steps up campaign on penalty rates

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Original article by David Crowe
The Age – Page: 4 : 13-Jun-18

Polling undertaken on behalf of the ACTU show that a majority of voters in the marginal federal seats of Forde, Gilmore and Robertson would support a push to overturn the Fair Work Commission’s penalty rate cuts. The ACTU will launch a new campaign ahead of changes to the weekend penalty rates regime that take effect on 1 July and the five by-elections that will be held on 28 July. Employers argue that lower penalty rates allow them to trade on weekends.

CORPORATES
ACTU, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, GETUP LIMITED, LIBERAL PARTY OF AUSTRALIA, REACHTEL PTY LTD