INDUSTRIAL RELATIONS – LAW AND LEGISLATION – AUSTRALIA

ACTU calling for Cash to quit cabinet

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Original article by Ewin Hannan
The Australian – Page: 2 : 15-Sep-17

Employment Minister Michaelia Cash has defended the appointment of Nigel Hadgkiss as the head of the Australian Building & Construction Commission in December 2016. Cash says she became aware of the ACTU’s allegations against Hadgkiss in October, but she argues that he only admitted to breaching the Fair Work Act when he resigned on 13 September 2017. Cash also argues that Hadgkiss automatically became head of the ABCC when it was reinstated, as he held the same role at the Fair Work Building & Construction Inspectorate. However, ACTU president Ged Kearney says Cash’s position is untenable and she should also resign.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, FAIR WORK BUILDING AND CONSTRUCTION, ACTU, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA

‘Union-basher’ bill under fire

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Original article by James Massola
The Sydney Morning Herald – Page: 6 : 13-Sep-17

ACTU secretary Sally McManus says the union movement will lobby Senate crossbenchers to vote against legislation aimed at cracking down on unions. Amongst other things, the Federal Government wants to subject union mergers to a public interest test and make it easier to deregister a union. McManus has described the reforms as an "attack on democracy", and she warns that they may breach the International Labour Organization’s convention regarding the right to organise and freedom of association.

CORPORATES
ACTU, INTERNATIONAL LABOUR ORGANIZATION, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, AUSTRALIAN GREENS

Fears lingering over franchisors dodging new law

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Original article by Anna Patty
The Age – Page: 27 : 6-Sep-17

The Australian Government’s legislation to protect employees from being exploited is intended to increase the liability of franchisors for the illegal work practices of franchisees. However, Giri Sivaraman of law firm Maurice Blackburn warns that franchisors may try to circumvent the tougher regime by claiming that they had taken reasonable measures to combat wage theft. Higher financial penalties will apply for "deliberate and systematic" underpayment of wages, but the University of Sydney’s Stephen Clibborn cautions that this may be hard to prove.

CORPORATES
MAURICE BLACKBURN PTY LTD, UNIVERSITY OF SYDNEY, 7-ELEVEN STORES PTY LTD, AUSTRALIA. FAIR WORK OMBUDSMAN, CALTEX AUSTRALIA LIMITED – ASX CTX, DOMINO’S PIZZA ENTERPRISES LIMITED – ASX DMP

Boral’s threat to fire workers over building code unlawful

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 7 : 4-Sep-17

Most of De Martin & Gasparini’s employees in Sydney rejected proposed changes to their enterprise agreement in June, prompting parent company Boral to threaten all DMG employees with dismissal. The Federal Court has ruled that Boral acted unlawfully in threatening to sack DMG staff unless they endorsed changes to make their enterprise agreement compliant with the new building code. DMG subsequently secured a deal with the Construction, Forestry, Mining & Energy Union to make its enterprise agreement compliant with the code.

CORPORATES
BORAL LIMITED – ASX BLD, DE MARTIN AND GASPARINI PTY LTD, FEDERAL COURT OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

‘Orwellian merger test an affront to democracy’

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Original article by Ewin Hannan
The Australian – Page: 4 : 18-Aug-17

The Federal Government’s proposal to subject trade union mergers to a public interest test has been criticised by ACTU secretary Sally McManus. Factors such as a union’s history of compliance with workplace laws and the merger’s effect on businesses would be taken into account when deciding whether to approve it. McManus claims that the bill breaches the International Labour Organization’s conventions on freedom of association, and that the Government is using the bill as a distraction.

CORPORATES
ACTU, INTERNATIONAL LABOUR ORGANIZATION, THE AUSTRALIAN INDUSTRY GROUP, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, MARITIME UNION OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT

CFMEU target for laws against militant unions

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

Australian Mines & Metals Association CEO Steve Knott has welcomed the Federal Government’s move to crack down on unlawful conduct by unions. The legislation introduced to Parliament on 16 August would strengthen the Government’s powers to deregister unions and disqualify union officials. It would also subject union mergers to a public interest test, which could be used to block the Construction, Forestry, Mining & Energy Union’s proposed merger with the Maritime Union of Australia.

CORPORATES
AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, MARITIME UNION OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIA. REGISTERED ORGANISATIONS COMMISSION, AUSTRALIAN LABOR PARTY, LIBERAL DEMOCRATIC PARTY

Ferguson leads IR reform push

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 6 : 8-Aug-17

Martin Ferguson will advocate changes to the Fair Work Act on behalf of the Minerals Council of Australia. He will urge the Federal Government to introduce reforms that would allow workers to sign individual workplace agreements rather than an enterprise agreement if their income is above a certain threshold. Ferguson, a former Labor minister and ex-ACTU president, will argue that individual agreements are already widely used in the mining sector. Other workplace reforms to be proposed by the MCA include changes to the rules on unions’ right of entry and restrictions on adverse actions.

CORPORATES
MINERALS COUNCIL OF AUSTRALIA, ACTU, AUSTRALIAN LABOR PARTY, BHP BILLITON LIMITED – ASX BHP, RIO TINTO LIMITED – ASX RIO, GLENCORE PLC, AUSTRALIA. FAIR WORK COMMISSION

IR reform can help fix the low wage-growth problem

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Original article by Graeme Watson
The Australian Financial Review – Page: 39 : 2-Aug-17

The Australian Government is expected to use the next session of parliament to somewhat belatedly issue its response to the Productivity Commission’s 2015 report on the industrial relations regime. A major overhaul of the IR system is needed in order to address issues such as low wages growth and the nation’s high level of youth unemployment. Reforms that foster a less adversarial IR system and encourage greater employee engagement will help lift productivity, innovation and wages.

CORPORATES
AUSTRALIA. PRODUCTIVITY COMMISSION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIAN BUREAU OF STATISTICS, ALDI STORES SUPERMARKETS PTY LTD

Dismissal actions crippling business: IPA

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Original article by Joe Kelly
The Australian – Page: 4 : 26-Jun-17

The Institute of Public Affairs claims that Australia’s unfair dismissal laws serve as a discentive for businesses to hire staff. IPA research indicates that the number of unfair dismissal claims lodged with the Fair Work Commission exceeded 18,000 in 2015-16, compared with fewer than 6,000 in 2005-06. The IPA’s Gideon Rozner says unfair dismissal claims take an unnecessarily long time to process, while FWC determinations are often contradictory. He contends that many businesses are paying complainants cash just to get them off their back.

CORPORATES
INSTITUTE OF PUBLIC AFFAIRS LIMITED, AUSTRALIA. FAIR WORK COMMISSION

National crosses floor to save penalty rates

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Original article by Joe Kelly
The Australian – Page: 4 : 21-Jun-17

The Australian Labor Party’s proposed change to the Fair Work Amendment bill has been defeated by one vote in the House of Representatives. Labor had sought to use legislation to overturn the Fair Work Commission’s decision to reduce weekend penalty rates for employees in the retail and hospitality sector. The Labor amendment was defeated 73-72 after Coalition backbencher George Christensen voted with the Opposition.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIA. FAIR WORK COMMISSION, LIBERAL-NATIONAL PARTY OF QUEENSLAND