INDUSTRIAL RELATIONS – LAW AND LEGISLATION – AUSTRALIA

Judge slams union’s deplorable record

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 27-Feb-18

The Construction, Forestry, Mining & Energy Union has been fined $A95,000 over a "closed shop" policy at a Melbourne construction site. CFMEU delegate Godwin Farrugia has in turn been fined $A10,000 after advising workers that they could not access the site unless their union dues had been paid. The Federal Court’s Justice Richard Tracey ruled that the CFMEU’s frequent breaches of workplace laws meant that a significant financial penalty was justified.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, QUEST APARTMENTS PTY LTD, ARTEAM, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

Shorten’s IR promise to militant CFMEU

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Original article by Simon Benson
The Australian – Page: 1 & 6 : 27-Feb-18

Federal Opposition Leader Bill Shorten and employment spokesman Brendan O’Connor visited Glencore’s Oaky North coal mine in October 2017. Shorten told Construction, Forestry, Mining & Energy Union members who were engaged in a long-running strike at the site that Labor will overhaul workplace laws if it wins the next federal election. Employment Minister Craig Laundy says Shorten’s speech demonstrates that Labor intends to pursue industrial relations reforms that would give unions greater power in the workplace.

CORPORATES
AUSTRALIAN LABOR PARTY, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, GLENCORE PLC, AUSTRALIA. DEPT OF EMPLOYMENT, ACTU

Laundy’s bid to toughen IR rules

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Original article by Ewin Hannan
The Australian – Page: 1 & 2 : 9-Feb-18

Workplace Relations Minister Craig Laundy has signalled that the Federal Government may consider amendments to the Fair Work Act aimed at providing greater protection to workers in the enterprise bargaining process. Laundy says there may be a case for strengthening existing provisions of the Act that require workers to be fully informed of the pay and conditions in an enterprise agreement before they vote for it. He has also warned of the potential for huge job losses if a future Labor government were to implements the ACTU’s proposals regarding the minimum wage and workplace laws.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, ACTU, AUSTRALIA. FAIR WORK COMMISSION, COLES SUPERMARKETS AUSTRALIA PTY LTD, WOOLWORTHS SUPERMARKETS, McDONALD’S AUSTRALIA LIMITED, KFC

Shorten war on business

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Original article by Phillip Coorey
The Australian Financial Review – Page: 1 & 8 : 31-Jan-18

Opposition Leader Bill Shorten has committed to establishing a national anti-corruption commission if Labor wins the next federal election. He has also signalled plans to either increase the minimum wage or replace it with a so-called "living wage". Meanwhile, business groups have expressed concern over Shorten’s proposal to rebalance enterprise bargaining laws in favour of workers. Private health insurance companies will also be targeted by Shorten, while he has ruled out supporting the Federal Government’s company tax cuts package.

CORPORATES
AUSTRALIAN LABOR PARTY, THE AUSTRALIAN INDUSTRY GROUP, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, ACTU, AUSTRALIA. FAIR WORK COMMISSION

Strike limits may extend to service sector – expert

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 7 : 29-Jan-18

Unions NSW secretary Mark Morey says the Fair Work Commission’s decision to suspend strike action by Sydney train drivers has set a "worrying precedent". The ruling was based on a section of the Fair Work Act which allows protected industrial action to be suspended if the welfare of the public could be at risk. The University of Sydney’s Professor Shae McCrystal says the ruling could potentially apply to a broad range of service industries, such as schools, childcare centres and medical clinics. The Rail, Tram & Bus Union’s national secretary Bob Nanva claims that the FWC ruling signals the "death of the right to strike" in Australia.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, UNIONS NSW, AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, UNIVERSITY OF SYDNEY, SYDNEY TRAINS, THE AUSTRALIAN INDUSTRY GROUP

ALP’s Fair Work Commission power play

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Original article by Ewin Hannan
The Australian – Page: 1 & 2 : 24-Jan-18

ACTU secretary Sally McManus has expressed support for the Federal Opposition’s proposal to give the Fair Work Commission more power to arbitrate industrial disputes. Labor’s workplace relations spokesman Brendan O’Connor says that while the parties to a dispute should always seek to resolve it themselves, an alternative is needed when one party has not acted in good faith. However, Australian Industry Group CEO Innes Willox has warned against any changes to the Fair Work Act that would give unions more bargaining power.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, ACTU, THE AUSTRALIAN INDUSTRY GROUP, UNIVERSITY OF ADELAIDE

Win for employers over casuals

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Original article by Ewin Hannan
The Australian – Page: 2 : 23-Jan-18

The Australian Manufacturing Workers’ Union has failed to have a Fair Work Commission ruling on casual workers overturned on appeal. The AMWU had contended that two labour-hire employees who had worked for Visy continuously for three months were entitled to become permanent employees under a clause in the packaging group’s enterprise agreement. The full bench of the FWC upheld the ruling that the clause was not a "permitted matter" under the Fair Work Act. ACTU secretary Sally McManus says the ruling highlights the need for changes to workplace laws.

CORPORATES
AUSTRALIAN MANUFACTURING WORKERS’ UNION, VISY INDUSTRIES AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK COMMISSION, ACTU, THE AUSTRALIAN INDUSTRY GROUP

State builds chaos

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Original article by James Dowling
Herald Sun – Page: 25 : 19-Jan-18

The Victorian division of the CFMEU and its officials were fined a total of $A1.12m by the Federal Court in 2017, while the state accounted for 36 per cent of court-imposed penalties across the nation. Meanwhile, the Australian Building & Construction Commission commenced 38 separate investigation into alleged breaches of workplace laws in the state’s construction industry during the year. This included 16 cases of alleged coercion of building firms and five breaches of laws regarding unions’ right of entry.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, MASTER BUILDERS AUSTRALIA INCORPORATED

Minerals Council: End rigid industrial laws

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Original article by Tom McIlroy
The Australian Financial Review – Page: 5 : 11-Jan-18

The Minerals Council of Australia has used its pre-Budget submission to urge the Federal Government to pursue industrial relations reforms. Amongst other things, the MCA has proposed changes to workplace right-of-entry rules for unions, new restrictions regarding protected industrial action and an overhaul of the rules governing enterprise bargaining. Interim CEO David Byers has warned that Australia’s productivity and competitiveness will be adversely affected if there are no changes to the nation’s "outdated" workplace practices.

CORPORATES
MINERALS COUNCIL OF AUSTRALIA, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIA. DEPT OF EMPLOYMENT, GLENCORE PLC, ACTU

Coalition rejects ACTU push to delay IR agenda

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Original article by Ewin Hannan
The Australian – Page: 6 : 10-Nov-17

ACTU president Ged Kearney says the Federal Government does not have a mandate for industrial relations reform while doubts remain about the eligibility of some MPs to be in parliament. Five bills relating to unions are currently before the Senate, but Kearney argues that they should be shelved until the dual citizenship crisis is resolved. Unions have raised the prospect of a legal challenge if any of the bills are passed.

CORPORATES
ACTU, AUSTRALIA. DEPT OF EMPLOYMENT, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, MARITIME UNION OF AUSTRALIA, MASTER BUILDERS AUSTRALIA INCORPORATED