INDUSTRIAL RELATIONS – AUSTRALIA

Court urged to make example of CBA on pay

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 13-Sep-23

The Federal Court has been urged to impose the maximum penalty on the Commonwealth Bank of Australia for underpaying about 7,4000 employees some $16m over more than a decade. Michael Seck, the lawyer representing the Fair Work Ombudsman, contended that the penalty must be sufficient to deter other large companies from underpaying their staff. The bank had self-reported the underpayments to the FWO and has provided back-pay to all affected employees. The underpayments occured after CBA shifted affected employees from an enterprise agreement to individual agreements.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK OMBUDSMAN

Dispute exposes labour hire laws legal nightmare

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 30-Aug-23

Australian Industry Group CEO Innes Willox says a union dispute at Opal Australian Paper shows that the federal government’ proposed ‘same job, same pay’ policy could be a legal nightmare for employers. The Australian Manufacturing Workers’ Union alleged that a labour hire worker was paid less than the direct workforce at Opal’s Maryvale paper mill in Victoria. A union deal required contractors to receive ‘no less favourable’ wages and conditions than direct employees. The Fair Work Commission assessed a range of disputed conditions before ruling in Opal’s favour, including overtime, casual rates, allowances and bonuses.

CORPORATES
OPAL AUSTRALIAN PAPER, AUSTRALIAN MANUFACTURING WORKERS’ UNION, AUSTRALIA. FAIR WORK COMMISSION, THE AUSTRALIAN INDUSTRY GROUP

Uniqlo says sorry after uncovering $25 million in underpayments

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Original article by Emma Koehn
The Sydney Morning Herald – Page: Online : 26-Jul-23

Uniqlo Australia is the latest company to admit that its employees have been underpaid. The Japan-based casual wear retailer has advised that about 7,900 employees had been underpaid $25m in total between 1 July 2015 and 30 June 2022. The underpayment occured due to errors in calculating affected employees’ entitlements, and were identified after a specialist firm undertook a review of Uniqlo’s systems. The company opened its first Australian store in 2014, and it now has more than 30 stores nationwide.

CORPORATES
UNIQLO AUSTRALIA PTY LTD

Right to disconnect from work should be law: union

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Original article by Helen Trinca
The Australian – Page: 19 : 26-Jul-23

The Australian Services Union is pushing for the right to disconnect from work to be enshrined in the Fair Work Act. The ASU’s assistant national secretary Emeline Gaske notes that a growing number of countries are introducing a legislated right for employees to refuse to answer work-related emails or phone calls outside of their standard working hours. An ASU survey of clerical and administrative workers across several industries has found, amongst other things, that one in three respondents are expected to perform work outside their scheduled work hours; in addition, half of all workers feel pressured to take calls or monitor emails outside of work hours.

CORPORATES
AUSTRALIAN SERVICES UNION

Virgin first to test Labor’s bargaining laws

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 6 : 28-Jun-23

The Australian Licensed Aircraft Engineers’ Association will oppose Virgin Australia Regional Airlines’ application to the Fair Work Commission for an "intractable bargaining" declaration. The ALAEA’s federal secretary Steve Purvinas says the union does not believe that the Virgin Australia subsidiary meets the requirements of the ‘Secure Jobs, Better Pay’ amendments to the Fair Work Act that took effect in early June. VARA commenced enterprise bargaining negotiations with the ALAEA in February 2021.

CORPORATES
VIRGIN AUSTRALIA HOLDINGS LIMITED, VIRGIN AUSTRALIA REGIONAL AIRLINES PTY LTD, AUSTRALIAN LICENSED AIRCRAFT ENGINEERS’ ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION

RBA admits it underpaid staff $1.15m

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Original article by Michael Read
The Australian Financial Review – Page: 4 : 15-Jun-23

PwC has completed its review of wage underpayments at the Reserve Bank of Australia. The review was commissioned after the central bank apologised to affected staff. PwC has found that 1,173 current and former RBA employees had been underpaid a total of $1.15 million, excluding interest. The RBA’s head of human resources Karlee Hughes has indicated that more than 20 per cent of affected staff had been underpaid by $150 or less; she added that the RBA takes paying its staff correctly very seriously, and it is "genuinely sorry" that the underpayment occured.

CORPORATES
RESERVE BANK OF AUSTRALIA, PRICEWATERHOUSECOOPERS AUSTRALIA (INTERNATIONAL) PTY LTD

Business cuts a deal on workplace rules

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Original article by Jennifer Hewett
The Australian Financial Review – Page: 2 : 15-Jun-23

The Australian Resources & Energy Employer Association still opposes the proposed ‘same job, same pay’ laws for labour hire workers. However, CEO Steve Knott says AREEA believes that the federal government will legislate the changes in some form, regardless of the widespread opposition. AREEA will therefore shift its focus to influencing how the policy is implemented. In contrast, AREEA had funded its own advertising campaign against the multi-employer bargaining provisions in the government’s first tranche of industrial relations reforms.

CORPORATES
AUSTRALIAN RESOURCES AND ENERGY EMPLOYER ASSOCIATION

Svitzer agrees to one-year outsourcing ban

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 13 : 14-Jun-23

Some 63 per cent of Svitzer Australia employees have voted in favour of the tugboat operator’s new four-year enterprise agreement. The Maritime Union of Australia withdrew its support for the agreement in the lead-up to the ballot, although the deal had the support of the Australian Institute of Marine & Power Engineers. Svitzer has agreed to some concessions after nearly four years of negotiations; amongst other things, it has given an undertaking to not outsource work performed by its employees during the first year of the agreement.

CORPORATES
SVITZER AUSTRALASIA SERVICES PTY LTD, MARITIME UNION OF AUSTRALIA, THE AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS

IR reforms will blast $13bn hole in economy

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Original article by Geoff Chambers
The Australian – Page: 1 & 5 : 14-Jun-23

Modelling undertaken by the Centre for International Economics highlights the potential impact of the federal government’s second tranche of industrial relations reforms on productivity in the mining sector. The modelling, which was commissioned by the Minerals Council of Australia, is based on a one per cent fall in productivity; it concludes that the restrictions on the mining sector and supply chains resulting from the reforms could potentially reduce economic activity by $13bn a year and reduce consumption in the mining sector by $6bn. MCA CEO Tania Constable says a one per cent hit to productivity is a "conservative estimate". The CIE also modelled several other scenarios.

CORPORATES
CENTRE FOR INTERNATIONAL ECONOMICS, MINERALS COUNCIL OF AUSTRALIA

25pc childcare pay rise could be unsustainable

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 5 : 7-Jun-23

Unions and early childhood education providers have applied to the Fair Work Commission for authorisation to negotiate pay deals via the federal government’s new multi-employer ‘supported bargaining’ stream. The proposed pay rise of 25 per cent would apply to 65 employers in the sector and about 12,000 early childhood educators. However, Australian Industry Group CEO Innes Willox says a big concern is that other employers will ultimately be "roped into" the pay deal, despite not being involved in the negotiations.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, THE AUSTRALIAN INDUSTRY GROUP