INDUSTRIAL RELATIONS – LAW AND LEGISLATION – AUSTRALIA

7-Eleven worker payouts top $110m

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Original article by Anna Patty
The Age – Page: 1 : 13-Jun-17

Convenience store chain 7-Eleven has now paid more than $A110 million to workers who were found to have been underpaid by its franchisees. Professor Allan Fels says it is of concern that fines for wage underpayment under current laws are far lower than what 7-Eleven has voluntarily paid to affected staff. Employment Minister Michaelia Cash contends that proposed changes to the Fair Work Act will help prevent future exploitation of workers, but Labor’s Brendan O’Connor says the changes are insufficient.

CORPORATES
7-ELEVEN STORES PTY LTD, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, AUSTRALIA. FAIR WORK OMBUDSMAN

Ombudsman calls for tough work penalties

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Original article by Anna Patty
The Age – Page: 21 : 13-Apr-17

Fair Work Ombudsman Natalie James addressed a Senate inquiry on 12 April 2017. She conceded that the FWO has limited capacity to combat employers who deliberately ignore workplace laws because they feel that the potential financial penalties for underpaying staff are sufficiently low to make non-compliance worth the risk. James warned that employers will continue to exploit vulnerable workers unless the sanctions for non-compliance are sufficiently increased to provide a genuine deterrent. The inquiry is examining proposed changes to the Fair Work Act.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN, AUSTRALIA. SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITEE, 7-ELEVEN STORES PTY LTD, DOMINO’S PIZZA ENTERPRISES LIMITED – ASX DMP, CALTEX AUSTRALIA LIMITED – ASX CTX

$500k in fines for ‘arrogant’ CFMEU

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Original article by Simone Fox Koob
The Australian – Page: 2 : 12-Apr-17

The Construction, Forestry, Mining & Energy Union has been ordered to pay a $A490,000 fine over unlawful industrial action in 2014. The Federal Court has also imposed fines of between $A6,400 and $A22,400 on 10 CFMEU officials for their involvement in the industrial action against Kane Constructions. The strike action, which disrupted 10 construction projects in Victoria, was prompted by Kane’s move to enforce union right-of-entry laws. The judgment has been welcomed by Employment Minister Michaelia Cash.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, KANE CONSTRUCTIONS PTY LTD, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, AUSTRALIAN MANUFACTURING WORKERS’ UNION, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, SIR OWEN DIXON CHAMBERS, BMC WELDING AND CONSTRUCTION, JOHN BEEVER PTY LTD, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

Union backs ACTU boss on breaking law

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Original article by Aaron Patrick, David Marin-Guzman
The Australian Financial Review – Page: 5 : 17-Mar-17

Comments by new ACTU secretary Sally McManus suggesting that it was reasonable to break unfair laws have been widely criticised. Representatives from the Business Council of Australia, the Australian Industry Group and the Council of Small Business Organisations of Australia were among those to condemn her remarks. Federal Opposition leader Bill Shorten does not support McManus, saying his approach to bad laws was to get them changed. McManus has refused to retract her comments.

CORPORATES
ACTU, BUSINESS COUNCIL OF AUSTRALIA, THE AUSTRALIAN INDUSTRY GROUP, COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, AUSTRALIAN LABOR PARTY, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. DEPT OF HUMAN SERVICES. MEDICARE AUSTRALIA, MASTER BUILDERS AUSTRALIA INCORPORATED, AUSTRALIA. DEPT OF EMPLOYMENT

CFMEU to pay official’s fine after court rescinds order

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Original article by Ewin Hannan
The Australian – Page: 4 : 22-Dec-16

The Construction, Forestry, Mining & Energy Union will be able to use its own funds to pay an $A18,000 fine on behalf of union official Joe Myles after a May 2016 court ruling was overturned. The full bench of the Federal Court has ruled in favour of the CFMEU, with Chief Justice James Allsop finding that the Fair Work Act did not permit him to ban the militant union from paying Myles’ fines for breaching workplace laws. However, he ruled that the fines themselves were appropriate.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, BORAL LIMITED – ASX BLD

MUA in court over ports picket

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Original article by Ewin Hannan
The Australian – Page: 4 : 9-Dec-16

The Fair Work Ombudsman has launched legal action against the Maritime Union of Australia over unprotected industrial action in August 2015. The union picketed Hutchison Ports’ container terminals in Sydney and Brisbane, and organised work stoppages in response to the company’s move to retrench 97 employees. The FWO wants the MUA to pay compensation to Hutchinson, arguing that the industrial action breached workplace laws and an enterprise agreement.

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

Reform plans in peril as second senator in strife

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Original article by David Crowe
The Australian – Page: 1 & 4 : 3-Nov-16

The Australian Government has become even more reliant on the support of Senate crossbenchers to pass its industrial relations bills. It will need eight crossbenchers to vote for the bills, with One Nation’s Rod Culleton advising that he will not vote in the upper house until uncertainty regarding the validity of his election is resolved. The issue will be referred to the High Court, which will also be asked to determine whether the election of Family First’s Bob Day was constitutionally valid. Day has resigned from the Senate, but the High Court’s ruling could determine with the party retains his seat.

CORPORATES
FAMILY FIRM INSTITUTE, ONE NATION PARTY, HIGH COURT OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIAN LABOR PARTY, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, NICK XENOPHON TEAM

Miners demand Fair Work overhaul

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Original article by Ewin Hannan
The Australian – Page: 6 : 26-Oct-16

Australian Mines & Metals Association CEO Steve Knott has called for Employment Minister Michaelia Cash to implement an independent review of the Fair Work Commission. Knott has accused the FWC of being "highly dysfunctional" and politicised, and says several senior members of the FWC have told him that they intend to retire early for these reasons. Knott has also urged the Federal Government to pursue industrial relations reforms such as changes to unfair dismissal laws and restricting unions’ right to access workplaces.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIA. PRODUCTIVITY COMMISSION, GROCON PTY LTD, VICTORIA. COUNTRY FIRE AUTHORITY

One Nation: freedom not union rule

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Original article by Phillip Coorey, David Marin-Guzman
The Australian Financial Review – Page: 1 & 4 : 11-Oct-16

One Nation has indicated that it is likely to support the Federal Government’s bills to reinstate the Australian Building & Construction Commission and establish a Registered Organisations Commission. One Nation has voted in favour of a bill to protect the rights of emergency services volunteers. Industrial relations spokesman Senator Malcolm Roberts says the party believes that volunteers should not be subject to union control, and it is likely to adopt the same principle when voting on the Government’s key industrial relations reforms.

CORPORATES
ONE NATION PARTY, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, VICTORIA. COUNTRY FIRE AUTHORITY, UNITED FIREFIGHTERS’ UNION OF AUSTRALIA, AUSTRALIAN LABOR PARTY, AUSTRALIAN GREENS

Senate passes CFA laws

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Original article by Rob Harris, James Campbell
Herald Sun – Page: 1 & 2 : 11-Oct-16

Employment Minister Michaelia Cash has welcomed the passing of amendments to the Fair Work Act to protect the rights of emergency services volunteers. Cash has described it as a "major victory" for Victorian Country Fire Authority volunteers in their dispute over an enterprise agreement. A total of 37 senators voted in favour of the Federal Government’s amendments, including 10 of the 11 crossbench senators, while 31 senators voted against the bill.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, VICTORIA. COUNTRY FIRE AUTHORITY, UNITED FIREFIGHTERS’ UNION OF AUSTRALIA, VOLUNTEER FIRE BRIGADES VICTORIA, AUSTRALIAN LABOR PARTY, ONE NATION PARTY, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, VICTORIA. DEPT OF JUSTICE AND REGULATION, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION