INDUSTRIAL RELATIONS – LAW AND LEGISLATION – AUSTRALIA

Charities caught in staff pay inquiry

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Original article by Elizabeth Colman, Kylar Loussikian
The Australian – Page: 3 : 14-Apr-16

The Fair Work Ombudsman will investigate the underpayment of staff at call-centre operator MonDial Telephone Fundraising. The Sydney-based company, which is used by charities such as Greenpeace and Oxfam in their fund-raising activities, has conceded that its staff were not paid award rates. Tim Gunstone of the National Union of Workers says charities must ensure that third parties which provide fundraising support services do not exploit their employees. The NUW is keen for the for-profit charitable fundraising sector to be unionised.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN, MONDIAL TELEPHONE FUNDRAISING, NATIONAL UNION OF WORKERS, GREENPEACE, OXFAM, AUSTRALIAN MARINE CONSERVATION SOCIETY INCORPORATED, THE WILDERNESS SOCIETY, UNITED NATIONS. INTERNATIONAL CHILDRENS’ EMERGENCY FUND

The alternative to a Bank Commission – tackle Australia’s massive ‘cash economy’

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Original article by Gary Morgan
Market Research Update – Page: Online : 12-Apr-16

The cost and distraction of a Bank Royal Commission would be expensive and unnecessary. Banks have high customer satisfaction ratings. Today Australia needs the banks and other financial institutions to be more involved in helping businesses and their customers in difficult financial times. Much more important to the electorate is Australia’s massive real unemployment and under-employment – in March 11 per cent unemployed and 7.8 per cent under-employed . The situation will not improve with recent industry lay-offs. Many of Australia’s business failures have been caused by falling commodity prices and unrealistic work practices upheld by outdated industrial relations laws. With the lack of sufficient work many Australians see no alternative but to be part of the massive cash economy. Both sides of politics need to present to the electorate policies which tackle this problem – only then will State and Federal Governments have any hope of cutting the massive government deficit and collecting sufficient additional revenue needed for education, hospitals, roads, transport, etc.

CORPORATES
ROY MORGAN RESEARCH LIMITED, ARRIUM LIMITED – ASX ARI, WOOLWORTHS LIMITED – ASX WOW, MASTERS HOME IMPROVEMENT AUSTRALIA PTY LTD, DICK SMITH HOLDINGS LIMITED – ASX DSH, QUEENSLAND NICKEL PTY LTD

Coles boss wants enterprise law ‘rethink’

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Original article by Catie Low
The Australian Financial Review – Page: 63 : 24-Mar-16

A leading retail executive says Australia’s workplace laws are too complex and outdated. Coles MD John Durkan told an American Chamber of Commerce in Australia event on 23 March 2016 that the company’s latest enterprise agreement was hijacked by a casual worker who challenged it in court, despite overwhelming support for the agreement among Coles workers.

CORPORATES
COLES GROUP LIMITED, AUSTRALIA. FAIR WORK COMMISSION, ALDI STORES SUPERMARKETS PTY LTD, AMERICAN CHAMBER OF COMMERCE IN AUSTRALIA, WOOLWORTHS LIMITED – ASX WOW, AMAZON.COM INCORPORATED, BUSINESS COUNCIL OF AUSTRALIA

100 CFMEU militants in court

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Original article by Elizabeth Colman
The Australian – Page: 1 & 2 : 17-Mar-16

New figures show that the Construction, Forestry, Mining & Energy Union, its state branches and union officials have been fined a total of $A6.98m since 2002 for failing to comply with industrial laws. Meanwhile, 100 of the union’s officials and delegates have been charged with more than 1,000 offences in total, including coercion, intimidation and unlawful industrial action. Federal Employment Minister Michaelia Cash has urged Opposition Leader Bill Shorten to support a bill to reinstate the Australian Building & Construction Commission.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, FAIR WORK BUILDING AND CONSTRUCTION, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, QUEENSLAND UNIVERSITY OF TECHNOLOGY, AUSTRALIAN GREENS, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, MASTER BUILDERS AUSTRALIA INCORPORATED, AUSTRALIA. ROYAL COMMISSION INTO THE BUILDING AND CONSTRUCTION INDUSTRY, AUSTRALIA. OFFICE OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE

Judge slams CFMEU’s ‘thuggery’

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Original article by Ewin Hannan
The Australian Financial Review – Page: 9 : 10-Mar-16

Federal Circuit Court judge Salvatore Vasta has imposed a penalty of $A9,000 on union official Scott Vink. The Construction, Forestry, Mining & Energy Union must pay $A48,000. Justice Vasta said that Vink’s behaviour towards non-union members was "sheer thuggery". Vink was found to have breached the Fair Work Act when he verbally abused non-CFMEU members on a building site in Brisbane on 5 March 2014.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL CIRCUIT COURT OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, FAIR WORK BUILDING AND CONSTRUCTION, FRANKIPILE AUSTRALIA PTY LTD

Fair Work decision exposes IR flaws: BHP

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Original article by Elizabeth Colman
The Australian – Page: 4 : 10-Feb-16

BHP Billiton has criticised the Fair Work Commission for ruling that union officials can hold meetings with employees of the Caval Ridge mine at a dragline cabin rather than the site’s meal-break room. BHP argues that the ruling will adversely affect productivity at the Queensland mine. The dragline cabins are 2.4km from the mine’s meal-break room. The Fair Work Act was amended in 2013 to specify that union officials must hold meetings in meal-break rooms.

CORPORATES
BHP BILLITON LIMITED – ASX BHP, AUSTRALIA. FAIR WORK COMMISSION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT

Reject corrupt union deals, bosses urged

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Original article by Phillip Coorey
The Australian Financial Review – Page: 4 : 1-Feb-16

The Federal Government will reintroduce legislation to reinstate the Australian Building & Construction Commission when Parliament resumes for 2016. Employment Minister Michaelia Cash says the proposed legislation will include a new building code that bars companies which secure illegal deals with unions from being awarded public contracts. Meanwhile, the Opposition will propose harsher financial penalties for companies that underpay staff or use sham contractual arrangements.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, 7-ELEVEN STORES PTY LTD, MYER HOLDINGS LIMITED – ASX MYR

1000 crimes on building sites

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Original article by Elizabeth Colman
The Australian – Page: 1 & 6 : 15-Oct-15

Fair Work Building & Construction’s 2015 annual report highlights the Australian construction industry’s lack of compliance with industrial relations laws. The report shows that Construction, Forestry, Mining & ­Energy Union officials were responsible for most of the 948 breaches of workplace laws that were investigated by the Fair Work Building ­Industry Inspectorate in 2014-15. The complaints investigated by the agency included coercion, unlawful industrial action, and breach of laws governing freedom of association and right of entry.

CORPORATES
FAIR WORK BUILDING AND CONSTRUCTION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. OFFICE OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

Resources companies welcome industrial relations law changes

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Original article by Joanna Mather
The Australian Financial Review – Page: 3 : 14-Oct-15

The Senate has passed amendments to the Fair Work Act which enable the Fair Work Commission to make a ruling when enterprise bargaining negotiations on new projects have been stalled for six months. The Australian Mines & Metals Association and the Australian Petroleum Production & Exploration Association say the reforms should boost investment.

CORPORATES
AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIAN PETROLEUM PRODUCTION AND EXPLORATION ASSOCIATION LIMITED, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, FAMILY FIRST PARTY AUSTRALIA LIMITED

Termination changes for 7-Elevens worry franchisees

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Original article by Adele Ferguson, Sarah Danckert
The Australian Financial Review – Page: 5 : 13-Oct-15

Australian Greens MP Adam Bandt wants an amendment to the Fair Work Act in the wake of the wage exploitation scandal at 7-Eleven. His private members’ bill would make a franchisor liable if a franchisee fails to pay staff the correct wages. Meanwhile, 7-Eleven franchisees in Melbourne are concerned that they will not gain much from a proposed change in the way profits are split with head office. They also fear that new termination clauses could be exploited by head office.

CORPORATES
7-ELEVEN STORES PTY LTD, AUSTRALIAN GREENS