INDUSTRIAL RELATIONS – AUSTRALIA

High Court removes strike protections in landmark ruling

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 7-Dec-17

A landmark ruling of the High Court of Australia has major implications for unions regarding negotiations over enterprise bargaining agreements. The court ruled that unions are not permitted to take protected industrial action while EBA negotiations are underway if the union had previously breached an order of the Fair Work Commission regarding that bargaining. The Australian Workers’ Union had argued that unions are only required to comply with current rather than past orders of the FWC. The ruling could potentially result in the AWU being required to pay significant damages to Esso over strike action at the Longford gas plant in Victoria in 2015.

CORPORATES
AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, HIGH COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, ESSO AUSTRALIA PTY LTD, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED)

Epidemic of underpayment

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Original article by Patrick Durkin
The Australian Financial Review – Page: 12 : 1-Dec-17

Michael Smith, the chairman of 7-Eleven, says it has been taking active steps to eliminate underpayment of employees within its franchise network. They include biometric clocking- in and centralising its payroll system, and he believes it has done as much as it can to prevent further occurrences of underpayment within 7-Eleven. However, he says it would be wrong that the problem has not gone away within the Australian franchise sector as a whole, and that recent changes to the Franchise Code aimed at protecting workers from being underpaid are not sufficiently robust.

CORPORATES
7-ELEVEN STORES PTY LTD, CALTEX AUSTRALIA LIMITED – ASX CTX, DOMINO’S PIZZA GROUP PLC, AUSTRALIA. FAIR WORK OMBUDSMAN, PIZZA HUT AUSTRALIA

Shorten ally has unofficial role in HSU

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 14 : 1-Dec-17

The Health Workers Union had sought to seek costs against former official Sel Sanli after he abandoned unfair dismissal proceedings against it. Sanli claimed HWU boss Diana Asmar sacked him because he refused to support the election of her husband David to an important role within Victorian Labor, of which he was a delegate. Sanli abandoned his claim after the HSU released phone records of him talking to escort workers and viewing pornography. However, the Fair Work Commission has dismissed the HWU’s cost claim, while finding that Sanli’s claims about his sacking were justified. It concluded David Asmar had a major influence on the HSU, despite not working for it.

CORPORATES
HEALTH WORKERS UNION, AUSTRALIAN LABOR PARTY, AUSTRALIA. FAIR WORK COMMISSION, DELOITTE TOUCHE TOHMATSU LIMITED, HEALTH SERVICES UNION OF AUSTRALIA

Woolworths facing union boycott threat

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 6 : 29-Nov-17

The New South Wales branch of the National Union of Workers has called on consumers to boycott Woolworths in the lead-up to Christmas. This follows the supermarket chain’s decision to stand down union delegates in early November over alleged breaches of safety rules. The delegates, who work at its Minchinbury warehouse, were stood down after allegedly telling other workers to take off their protective vests, in protest at the alleged bullying of staff there by a manager. A Woolworths spokesperson says it hopes to conclude an investigation into the matter in the week ending 2 December.

CORPORATES
NATIONAL UNION OF WORKERS, WOOLWORTHS LIMITED – ASX WOW, UNILEVER AUSTRALIA LIMITED, CARLTON AND UNITED BREWERIES

Business alarm as vote brings on merger of militant super union

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Original article by Ewin Hannan
The Australian – Page: Online : 28-Nov-17

Members of the Maritime Union of Australia have voted in favour of a merger with the Construction Forestry Mining & Energy Union. It is expected the two unions will ask the Fair Work Commission in January 2018 to approve their alliance, which would create a union with 144,000 members. However, employer groups have indicated they will go to the High Court if necessary in an attempt to block the FWC from approving the merger. Fifty per cent of MUA members took part in the vote, with 87 per cent of votes supporting the merger.

CORPORATES
MARITIME UNION OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, HIGH COURT OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, TEXTILE, CLOTHING AND FOOTWEAR UNION OF AUSTRALIA, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), FEDERAL COURT OF AUSTRALIA, MASTER BUILDERS’ ASSOCIATION

Workers agree to pay freeze in deal to end ice cream boycott

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Original article by Ewin Hannan
The Australian – Page: 4 : 23-Nov-17

Workers at Streets’ Minto ice cream factory in Sydney have agreed to an in-principle settlement of their long-running dispute over pay and conditions. Features of the new agreement between Unilever and the Australian Manufacturing Workers Union include a pay freeze for the next 12 months, changes to rosters, and a reduction in work breaks from 30 minutes to 20 minutes. As a result of the in-principle agreement, unions have agreed to withdraw their campaign for a consumer boycott of Streets’ brands.

CORPORATES
UNILEVER AUSTRALIA LIMITED, AUSTRALIAN MANUFACTURING WORKERS’ UNION, ACTU

Sexting with manager not harassment but baker loses job

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 23-Nov-17

The Fair Work Commission has dismissed an unfair dismissal claim made against Coles by one of its bakers. The supermarket operator had sacked Jay Higgins after his manager had complained about sexually explicit pictures that Higgins had sent to him. Coles dismissed him on the grounds of sexual harassment and serious misconduct. The Commission found that sending the pictures did not amount to sexual harassment, but that Higgins had breached Coles’ codes of conduct in regard to respect and dignity.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, COLES SUPERMARKETS AUSTRALIA PTY LTD

Federal Court targets sham EBAs

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 11 : 14-Nov-17

One Key Resources’ enterprise bargaining agreement has been deemed to be invalid in a landmark ruling of the Federal Court. The labour hire firm supplies workers for black coal mining companies such as BHP Billiton and Glencore. Just three employees voted on its proposed EBA, which included pay rates that were only $A1 per week higher than the minimum rate in the industry award and which was subsequently approved by the Fair Work Commission in 2015. One Key Resources then ramped up its workforce and boasted more than 1,100 casual employees by early 2017.

CORPORATES
ONE KEY RESOURCES PTY LTD, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, BHP BILLITON LIMITED – ASX BHP, GLENCORE PLC, AUSTRALIAN RUGBY FOOTBALL LEAGUE, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

Abuse ruling faces challenge from South32

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 9-Nov-17

South32 will appeal against the Fair Work Commission’s ruling that the sacking of a Construction, Forestry, Mining & Energy Union official constituted unfair dismissal. South32 was ordered to reinstate Matthew Gosek after the FWC found that the offensive language which prompted Gosek’s dismissal is widely used in society. However, Macquarie Group director Patricia Cross has described the ruling as "shameful". The issue of offensive language in the workplace has also come under scrutiny in the case against Westpac over the alleged manipulation of the bank bill swap rate.

CORPORATES
SOUTH32 LIMITED – ASX S32, AUSTRALIA. FAIR WORK COMMISSION, MACQUARIE GROUP LIMITED – ASX MQG, WESTPAC BANKING CORPORATION – ASX WBC, HERBERT SMITH FREEHILLS PTY LTD, DIVERSITY COUNCIL AUSTRALIA LIMITED

Swearing ruling lowers bar on behaviour

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 8-Nov-17

The Fair Work Commission has ruled that Construction, Forestry, Mining & Energy Union official Brad Upton is not a "fit and proper" person to hold a workplace right-of-entry permit. The ruling concerns his use of offensive language while addressing workers at the Gorgon LNG project. Meanwhile, the FWC has issued a separate ruling in which South32 was ordered to reinstate a CFMEU official for using similar language and making physical threats against eight workers.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, SOUTH32 LIMITED – ASX S32, K&L GATES LLP, CLAYTON UTZ, AUSTRALIAN HUMAN RESOURCES INSTITUTE, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, ELECTRICAL TRADES UNION