INDUSTRIAL RELATIONS – AUSTRALIA

Enterprise deals unworkable, bosses warn

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Original article by Ewin Hannan
The Australian – Page: 5 : 20-Sep-17

Australian Industry Group CEO lnnes Willox has called for changes to the way the "better-off-overall test" is applied in approving enterprise bargaining agreements. He argues that applying the test equally to all workers at a company has become unworkable in the wake of the Fair Work Commission’s decision to strike down an EBA at Coles in 2016. Willox favours a recommendation of the Productivity Commission that the test be applied to different classes of employees.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, THE AUSTRALIAN INDUSTRY GROUP, COLES SUPERMARKETS AUSTRALIA PTY LTD, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIA. DEPT OF EMPLOYMENT

Union demands action over ‘rogue’ building watchdog

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Original article by Ewin Hannan
The Australian – Page: 5 : 20-Sep-17

The Electrical Trades Union’s national secretary Allen Hicks has criticised the Australian Building & Construction Commission for pursuing costs against the union. The ETU challenged the validity of the national building code in court earlier in 2017, but subsequently abandoned the case. However, former ABCC head Nigel Hadgkiss sought a ruling against the union on costs. Hicks argues that Hadgkiss should have been aware that there was little chance of costs being awarded, and he wants the Federal Government to ensure that the ABCC is accountable for its expenditure on litigation.

CORPORATES
AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, ELECTRICAL TRADES UNION, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIA. DEPT OF EMPLOYMENT, SA POWER NETWORKS, ASHURST AUSTRALIA, FEDERAL COURT OF AUSTRALIA

Minimum-wage sting in Coles penalties deal

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Original article by Ewin Hannan
The Australian – Page: 1 & 4 : 19-Sep-17

A draft enterprise agreement between Coles and the Shop, Distributive & Allied Employees’ ­Association is intended to guarantee that all employees will be paid more than the award rate for the retail industry. If the deal is approved, permanent ­employees who work at night and on weekends will receive award-level penalty rates, as well as the full $A22.10-per-week increase in the minimum wage. However, employees who work solely on weekdays and are now paid above-award rates will receive only 50 per cent of the minimum wage rise.

CORPORATES
COLES SUPERMARKETS AUSTRALIA PTY LTD, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT

Fuel industry on notice over underpayment

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Original article by Anna Patty
The Age – Page: 15 : 14-Sep-17

Fair Work Ombudsman Natalie James has signalled that petrol retailers will attract further scrutiny over wage exploitation concerns. James will single out Caltex Australia in a speech on 14 September, noting that unlike 7-Eleven it has not worked with the FWO in establishing a compensation fund for underpaid employees. James adds that the FWO will issue a compliance report on Caltex in coming months, and notes that Fair Work inspectors have found similar issues to those that emerged at 7-Eleven.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN, CALTEX AUSTRALIA LIMITED – ASX CTX, 7-ELEVEN STORES PTY LTD

No pay for workers’ blood donations

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Original article by Ewin Hannan
The Australian – Page: 7 : 7-Sep-17

The Fair Work Commission has rejected a union’s push for employees to be given two hours of paid leave to donate blood up to four times a year. In ruling against the application by the shop assistants’ union, the FWC took into account factors such as the likely impact on productivity and the fact that donating blood is voluntary and can usually be done outside of working hours.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, RED CROSS BLOOD SERVICE, THE AUSTRALIAN INDUSTRY GROUP

Pay shake-up looms for nation’s retailers

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Original article by Robert Gottliebsen
The Australian – Page: 29 : 6-Sep-17

The majority of large Australian retailers have union-endorsed enterprise agreements, but grocery giant Coles is widely tipped to abandon its disputed workplace agreement in favour of the industrial award system, a move that is likely to be followed by other retailers. Coles employees who are on weekend shifts would receive a pay rise, although staff who only work on weekdays would face a pay cut unless Coles implements a "grandfathering" arrangement for existing employees. About 300,000 employees of large retailers would be affected if the awards system is widely adopted, as well as potentially a further 100,000 fast-food workers.

CORPORATES
COLES SUPERMARKETS AUSTRALIA PTY LTD, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIAN LABOR PARTY, ACTU, AUSTRALIA. FAIR WORK COMMISSION, ALDI STORES SUPERMARKETS PTY LTD, MYER HOLDINGS LIMITED – ASX MYR, DAVID JONES LIMITED, BUNNINGS GROUP LIMITED, WOOLWORTHS LIMITED – ASX WOW, KMART AUSTRALIA LIMITED

Union deals hit workers’ pay slips

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Original article by Ewin Hannan, Sofia Gronbech Wright
The Australian – Page: 1 & 6 : 4-Sep-17

Analysis by the Department of Employment suggests that workers in the retail and fast-food sectors would need to work for up to 50 hours during the week to offset the impact of lower Sunday penalty rates in union-backed enterprise agreements. Employment Minister Michaelia Cash says the analysis refutes claims by unions and the Australian Labor Party that workers are compensated for lower weekend penalty rates via higher hourly pay rates during the week. However, the Australian Industry Group has questioned the validity of the analysis.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, ACTU, AUSTRALIAN LABOR PARTY, THE AUSTRALIAN INDUSTRY GROUP, BIG W DISCOUNT STORES, DAVID JONES LIMITED, PIZZA HUT AUSTRALIA, McDONALD’S AUSTRALIA LIMITED, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION

Delay likely for small business waiting on penalty rate trade-off

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Original article by Ewin Hannan
The Australian – Page: 4 : 1-Sep-17

A proposal to allow smaller retailers and fast-food restaurants to scrap penalty rates and overtime pay in return for a 25 per cent increase in base pay has the support of Council of Small Business Australia CEO Peter Strong. However, the Fair Work Commission is not expected to consider permitting a trial of "loaded rates" before the second half of 2018. Strong says unions and employers’ groups that represent large companies are likely to object to the proposal, as many such companies have already traded off Sunday penalty rates in their enterprise agreements.

CORPORATES
COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, AUSTRALIA. FAIR WORK COMMISSION, ACTU, AUSTRALIAN LABOR PARTY, AEROCARE OPERATIONS PTY LTD, TRANSPORT WORKERS’ UNION

Labor ‘hypocrisy’ exposed on penalty rates: Ferguson

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Original article by Ewin Hannan
The Australian – Page: 4 : 31-Aug-17

Tourism Accommodation Australia chairman Martin Ferguson has criticised the Australian Labor Party and the ACTU over their stance on penalty rates. He has accused them of "hypocrisy and dishonesty" for continuing to oppose penalty rate cuts in the wake of revelations that the Shop, Distributive & Allied Employees’ Association has struck deals with large companies to trade-off Sunday penalty rates in return for higher base wages. Ferguson is a former president of the ACTU.

CORPORATES
TOURISM ACCOMMODATION AUSTRALIA, AUSTRALIAN LABOR PARTY, ACTU, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION, NICK XENOPHON TEAM

Union deals cut Sunday pay rates

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Original article by Ewin Hannan
The Australian – Page: 1 & 2 : 30-Aug-17

The Shop Distributive & Allied Employees’ Association and United Voice have struck enterprise bargaining agreements with major employers that either abolish Sunday penalty rates or feature rates that are lower than the industry award. The EBAs cover some 410.000 employees of companies such as Bunnings, McDonald’s, KFC, David Jones and Big W. The EBAs of several large hotel chains also do not include Sunday penalty rates. However, all of the EBAs that were analysed by the Department of Employment trade off penalty rates in return for higher base hourly wage rates.

CORPORATES
SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, UNITED VOICE, BUNNINGS GROUP LIMITED, McDONALD’S AUSTRALIA LIMITED, KFC, DAVID JONES LIMITED, BIG W DISCOUNT STORES, WOOLWORTHS LIMITED – ASX WOW, COLES SUPERMARKETS AUSTRALIA PTY LTD, PIZZA HUT AUSTRALIA, DAN MURPHY’S, THE REJECT SHOP LIMITED – ASX TRS, PROUDS JEWELLERS PTY LTD, IKEA TRADING PTY LTD, PRICELINE PTY LTD, INTER-CONTINENTAL HOTELS GROUP, SHERATON MIRAGE GOLD COAST HOTEL, LANGHAM HOTELS INTERNATIONAL, PARK ROYAL HOLDINGS PTY LTD, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, ACTU, AUSTRALIA. FAIR WORK COMMISSION, GRILL’D PTY LTD, ESTEE LAUDER PTY LTD, SUPER RETAIL GROUP LIMITED – ASX SUL, RACV CLUBS AND RESORTS, UNIVERSITY OF ADELAIDE