INDUSTRIAL RELATIONS – LAW AND LEGISLATION – AUSTRALIA

Companies told they need to report protesting workers within 24 hours

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Original article by Ewin Hannan
The Australian – Page: 8 : 18-Oct-18

With unions set to commence a month of rallies on 18 October, Industrial Relations Minister Kelly O’Dwyer has warned that it is a prelude to the workplace turmoil that can be expected if Labor wins the next federal election. Meanwhile, the Australian Building & Construction Commission has told employers that they are required to advise it of any workers who participate in the rallies without authorisation within 24 hours. The ABCC has again stressed that employees could be prosecuted, prompting the construction union to accuse it of attempting to intimidate workers.

CORPORATES
AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN LABOR PARTY, ACTU, AUSTRALIA. FAIR WORK OMBUDSMAN

Union threat to sue Ombudsman

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Original article by Ewin Hannan
The Australian – Page: 2 : 17-Oct-18

The Fair Work Ombudsman recently warned that workers who attend union-organised protest rallies in coming weeks without written approval from their employer risk being prosecuted for unprotected industrial action. However, ACTU secretary Sally McManus argues that the right to attend lawful political protests is protected by the Fair Work Act, and she has accused the FWO of misrepresenting the rights of workers. Unions have also warned of potential legal action if the FWO and employers do not retract their warnings to workers about attending the rallies.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN, ACTU, HIGH COURT OF AUSTRALIA, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), THE AUSTRALIAN INDUSTRY GROUP

ALP looks to loosen reins on strike action

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Original article by Ewin Hannan
The Australian – Page: 4 : 16-Oct-18

Labor is understood to be planning changes to the Fair Work Act to make it easier for workers and unions to undertake sector-wide pay claims. However, to ease employers’ concerns over the prospect of allowing industry-wide industrial action, Labor is believed to be considering giving the Fair Work Commission more powers to stop or cease industrial action where a number of companies are being targeted. University of Adelaide law professor Andrew Stewart says it would seem reasonable to allow industry-wide bargaining in sectors where enterprise bargaining is not easy to access.

CORPORATES
AUSTRALIAN LABOR PARTY, UNIVERSITY OF ADELAIDE, ACTU

ABCC warns of union rally fines

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Original article by Ewin Hannan
The Australian – Page: 2 : 9-Oct-18

Work at building sites across Australia is likely to be disrupted by a series of protest rallies organised by the ACTU over the next month. However, the Australian Building & Construction Commission says building workers who participate in the rallies without written approval from their employee risk both having their pay docked and being prosecuted for unprotected industrial action. The penalty for such action is $42,00. Fair Work Ombudsman Sandra Parker has also warned of the potential for legal action against unions and workers.

CORPORATES
ACTU, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. FAIR WORK OMBUDSMAN, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA

Unions lean on Labor to change bargaining laws

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Original article by Ewin Hannan
The Australian – Page: 6 : 4-Oct-18

ACTU secretary Sally McManus says changes to the industrial relations system are needed as it currently favours bosses who steal employees’ wages. McManus has again advocated the need to allow enterprise bargaining at industry level, arguing that there is limited scope for further productivity improvements via negotiations at enterprise level. However, she says it would be a "last resort" for unions to take industrial action in support of industry-level bargaining.

CORPORATES
ACTU, AUSTRALIAN LABOR PARTY, JOHN CURTIN RESEARCH CENTRE, AUSTRALIA. FAIR WORK COMMISSION

Unions go national in fight against IR laws

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Original article by Ewin Hannan
The Australian – Page: 6 : 3-Oct-18

ACTU president Michele O’Neil says the union movement will stage national protests as part of its push for changes to workplace laws. Work at construction projects and container ports in Melbourne is likely to be disrupted by a rally on 23 October, and O’Neil says rallies will also be held in other capital cities and regional centres. Australian Mines & Metals Association CEO Steve Knott says the Fair Work Ombudsman must respond appropriately to any unprotected industrial action.

CORPORATES
ACTU, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIA. FAIR WORK OMBUDSMAN

CFMEU warns big miners over casuals

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 26-Sep-18

The Construction, Forestry, Maritime, Mining & Energy Union says the landmark Federal Court ruling on the leave entitlements of casual workers may have implications for coal producers. The CFMMEU has advised companies such as BHP Billiton and Yancoal that they could be complicit in breaches of the Fair Work Act by using "permanent casual" workers supplied by labour hire firms. BHP is already the subject of a class action over allegations that labour hire companies were induced to employ workers at the Mount Arthur coal mine as casuals instead of permanent employees.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF APPEAL (CANADA), BHP BILLITON LIMITED – ASX BHP, YANCOAL AUSTRALIA LIMITED – ASX YAL, WHITEHAVEN COAL LIMITED – ASX WHC, GLENCORE AUSTRALIA PTY LTD, ANGLO AMERICAN AUSTRALIA LIMITED, PEABODY ENERGY AUSTRALIA COAL PTY LTD, ADERO LAW, WORKPAC PTY LTD, HAYS PERSONNEL SERVICES (AUSTRALIA) PTY LTD, PROGRAMMED MAINTENANCE SERVICES LIMITED, ONE KEY RESOURCES PTY LTD, ACTU, NSW BUSINESS CHAMBER LIMITED, AUSTRALIA. FAIR WORK COMMISSION

Union laws facing Senate stumbling block

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 19-Sep-18

The crossbenchers may determine the fate of the federal government’s Ensuring Integrity Bill, which will be put to the Senate on 19 September. Centre Alliance senator Rex Patrick says the party may support the bill, although this would be conditional on certain amendments. Other independent senators are also still considering their stance on the bill, although Tim Storer has ruled out supporting it. He is particularly concerned about the provisions that allow union officials to be disqualified for misconduct, noting that the sanctions are tougher than those for company directors under the Corporations Act.

CORPORATES
CENTRE ALLIANCE, LIBERAL DEMOCRATIC PARTY, AUSTRALIAN CONSERVATIVES, UNITED AUSTRALIA PARTY, ONE NATION PARTY, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Morrison bid to fast track union bill

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Original article by Ewin Hannan
The Australian – Page: 1 & 4 : 17-Sep-18

The Federal Government will make a new push for the Senate to pass its Ensuring Integrity Bill, which was shelved earlier in 2018. Industrial Relations Minister Kelly O’Dwyer has urged Opposition Leader Bill Shorten to support the bill, stressing that the proposed reforms are needed to protect workers and small businesses. Amongst other things, the bill would allow union officials to be disqualified for repeated breaches of civil law while it would become easier to deregister a union. The bill is supported by employer groups, but the ACTU has called for crossbenchers to vote against it.

CORPORATES
AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, ACTU, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, MASTER BUILDERS AUSTRALIA INCORPORATED, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Regulator predicts pain for CFMEU

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Original article by Michael Pelly
The Australian Financial Review – Page: 33 : 31-Aug-18

The Construction, Forestry, Maritime, Mining & Energy Union was fined some $5.6m for breaching workplace laws in 2016-17, compared with just $1.8m in the previous financial year. Australian Building & Construction Commission head Stephen McBurney says the militant union could potentially face fines of more than $20m under the Building and Construction Industry (Improving Productivity) Act, which has significantly increased the maximum fines for both individuals and unions. The CFMMEU has been fined more than $1m for workplace breaches so far in 2018-19.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, FEDERAL COURT OF AUSTRALIA, FEDERAL CIRCUIT COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, AUSTRALIA. REGISTERED ORGANISATIONS COMMISSION