A re-elected Labor government would introduce an uncapped guarantee on employees' redundancy entitlements, strengthen superannuation safeguards and crack-down on phoenix companies, Prime Minister Julia Gillard announced yesterday.
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Fair Work Australia has rejected a mining company's bid to reduce an employee's redundancy payout on the basis that it had secured him suitable alternative employment, while in another ruling a labour-hire agency successfully argued it had genuinely made two part-time employees redundant.
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AMMA in a comprehensive 100-page review of the first year of the Fair Work Act has identified as areas of "concern" right of entry, IFAs, agreement-making, unfair dismissals, adverse action, transfer of business, modern awards, industrial action and the NES - and says there is more to come on good faith bargaining and protected action.
In yet another sign of the changing IR environment under the Fair Work laws, the Commonwealth Bank – once a leading user of AWAs - has put a collective agreement offer on the table after more than two years bargaining with unions.
A tow-truck driver sacked after telling his employer he wanted out of a long-standing out-of-hours roster system has been awarded $22,408 compensation, despite FWA finding he should have given more notice that he wanted change; while the tribunal has dismissed a visa worker's dismissal claim against an Indian restaurant but said it would refer to authorities evidence that students seeking permanent residency were paid little or nothing for work they performed.
McDonald's complied with the Fair Work Act in rolling out its national enterprise agreement and Commissioner Donna McKenna made "fundamental errors" in rejecting the deal, a Fair Work Australia full bench has ruled.
Airport Fuel Services was this afternoon before Fair Work Australia seeking orders against the TWU and Adecco employees over what it claims was union-instigated unauthorised industrial action by labour hire refuellers at Sydney airport.
The Coalition has again swung the election spotlight onto IR with its claim that it could require unions to fund their own elections without breaking its promise not to amend the Fair Work Act - a position Labor has ridiculed and RMIT University's Professor Breen Creighton has described as "bad legislative practice".
