INDUSTRIAL RELATIONS – LAW AND LEGISLATION – AUSTRALIA

Trafficking of workers ‘a spider’s web’

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Original article by Ben Schneiders, Royce Millar
The Age – Page: 8 : 5-Oct-15

Victoria’s Industrial Relations Minister, Natalie Hutchins, says the exploitation of both local and foreign workers is widespread. She warns that many people are setting up labour hire companies with the intention of hiring workers on below-standard wages and conditions. The State Government will shortly release a discussion paper as part of its inquiry into illegal labour practices. A recent Fairfax Media expose revealed the existence of a "black economy" in Australia, whereby overseas workers are employed for less than the minimum wage.

CORPORATES
VICTORIA. DEPT OF STATE DEVELOPMENT, BUSINESS AND INNOVATION, FAIRFAX MEDIA LIMITED – ASX FXJ, AUSTRALIAN BROADCASTING CORPORATION, 7-ELEVEN STORES PTY LTD

Uber cases to test work laws

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Original article by Marianna Papadakis
The Australian Financial Review – Page: 9 : 5-Oct-15

Uber claims that its drivers are independent contractors rather than employees, but they have launched a class action in the US seeking to be classified as employees. Clayton Utz lawyer Saul Harben says the outcome of the case could have implication for the definition of an employee under Australia’s workplace laws. He adds that workplace laws should be amended to include a definition of what constitutes an independent contractor.

CORPORATES
UBER TECHNOLOGIES INCORPORATED, CLAYTON UTZ, AUSTRALIAN TAXATION OFFICE, AUSTRALIAN TAXI INDUSTRY ASSOCIATION, AUSTRALIAN TAXI DRIVERS ASSOCIATION, FEDERAL COURT OF AUSTRALIA, SUPREME COURT OF NEW SOUTH WALES, AIRBNB INCORPORATED, LYFT INCORPORATED, TASK RABBIT, MARQUE LAWYERS PTY LTD, AUSTRALIA. PRODUCTIVITY COMMISSION

Workplace reform ‘must be a priority’

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Original article by Andrew White, Kylar Loussikian
The Australian – Page: 4 : 25-Sep-15

Washington H Soul Pattinson’s executive chairman Robert Millner has urged the Australian Government to pursue workplace reforms. He has identified the penalty rates system and high labour costs in the manufacturing sector as key issues that need to be addressed. Millner has also criticised the number of rostered days off in sectors such as manufacturing, as well the high level of leave entitlements for construction workers.

CORPORATES
WASHINGTON H SOUL PATTINSON AND COMPANY LIMITED – ASX SOL, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, BRICKWORKS LIMITED – ASX BKW, NEW HOPE CORPORATION LIMITED – ASX NHC, LIBERAL-NATIONAL PARTY OF QUEENSLAND, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

Pancake Parlour flips on old flat rate pay

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Original article by Nick Toscano
The Age – Page: 14 : 23-Sep-15

Pancake Parlour employees will be covered by the industrial award for the restaurant industry, after the group did not oppose an application to have its existing workplace agreement terminated. The new arrangement means they will now be entitled to penalty rates for working at night and weekends. The issue of weekend penalty rates has been under scrutiny amid concerns about the high cost to employers, and the business sector is likely to lobby Prime Minister Malcolm Turnbull to take action on the issue ahead of the federal election.

CORPORATES
PANCAKE PARLOUR, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Business urges PM to be more aggressive on IR

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Original article by Ewin Hannan
The Australian Financial Review – Page: 7 : 22-Sep-15

Australian Industry Group CEO Innes Willox says the Federal Government should act immediately to introduce reforms that were recommended by the Harper review of competition policy. Willox also says the Government should be more active in promoting the need for industrial relations reform ahead of the federal election, and he argues that it should adopt the Productivity Commission’s recommendations on issues such as weekend penalty rates.

CORPORATES
THE AUSTRALIAN INDUSTRY GROUP, AUSTRALIA. PRODUCTIVITY COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, ACTU, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. DEPT OF EMPLOYMENT

Court penalises CFMEU officials

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Original article by Ewin Hannan
The Australian Financial Review – Page: 11 : 11-Sep-15

The Federal Court of Australia has imposed fines on the Construction, Forestry, Mining & Energy Union and two union officials for failing to comply with laws on the right of entry to building sites. The union must pay a penalty of $A225,000 while the officials must pay $A27,500 and $A20,000 respectively. The union is not allowed to reimburse the officials.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA

Workers defy orders to stop protest

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Original article by Ewin Hannan, Mark Ludlow, Misa Han
The Australian Financial Review – Page: 8 : 12-Aug-15

Hutchison Ports has called the Maritime Union of Australia (MUA) to stop an apparently spontaneous action of union members who ignored the order of the Fair Work Commission to cease industrial action. Paddy Crumlin, national secretary of the union, said the MUA was not involved in organising protests at Port Botany in Sydney and outside the company’s terminals in Brisbane on 11 August 2015. The protests were triggered by Hutchison Ports informing 97 employees via text messages and email that they would be made redundant.

CORPORATES
HUTCHISON PORTS AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK COMMISSION, MARITIME UNION OF AUSTRALIA, LIBERAL PARTY OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

ACTU insider says Work Choices scare campaign will fail

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Original article by Ewin Hannan, Patrick Durkin
The Australian Financial Review – Page: 1&7 : 7-Aug-15

Former ACTU assistant secretary Tim Lyons dismisses comparisons between the WorkChoices regime and the Productivity Commission’s recommendations on industrial relations reform. The proposed reforms have been criticised by unions and the Australian Labor Party, but Lyons warns that younger workers in particular are unlikely to be swayed by any campaign linking the recommendations to WorkChoices. The proposed reforms have been welcomed by business leader Tony Shepherd.

CORPORATES
ACTU, AUSTRALIA. PRODUCTIVITY COMMISSION, BUSINESS COUNCIL OF AUSTRALIA, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, 3AW SOUTHERN CROSS RADIO PTY LTD, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, PER CAPITA AUSTRALIA LIMITED

Building union facing penalties

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Original article by Ewin Hannan
The Australian Financial Review – Page: 7 : 8-Jul-15

The Fair Work Building & Construction inspectorate wants the Federal Court to impose financial penalties against the Construction, Forestry, Mining & Energy Union and 21 of its officials. The case centres on industrial action at two construction sites in Queensland in 2013, which was aimed at compelling contractors to sign an enterprise agreement. The inspectorate has identified 822 separate alleged breaches of the law by the union and its officials.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FAIR WORK BUILDING AND CONSTRUCTION, FEDERAL COURT OF AUSTRALIA, QUEENSLAND UNIVERSITY OF TECHNOLOGY

Union could face $500,000 in penalties

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Original article by Ewin Hannan
The Australian Financial Review – Page: 3 : 19-Mar-15

Fair Work Building & Construction director Nigel Hadgkiss will pursue significant financial penalties against the construction industry union following a Federal Court ruling. The court has ruled that the Construction, Forestry, Mining & Energy Union’s conduct during industrial action in Melbourne in 2012 was in breach of workplace laws. The union and six officials could face fines of more than $A500,000

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FAIR WORK BUILDING AND CONSTRUCTION, FEDERAL COURT OF AUSTRALIA, EMPORIUM MELBOURNE, McNAB PTY LTD, SUPREME COURT OF VICTORIA, GROCON PTY LTD, MONJON AUSTRALIA