A major employer-clientele law firm is predicting that unions will become more aggressive in their pursuit of wage and job security claims this year, and that employers will respond in kind by seeking to unilaterally end bargaining negotiations and turning to regulators like the ACCC.
The Federal Court has fined a company almost $200,000 for underpaying its aged care workers more than $2.5m over a five year period, finding that its unlawful employment practices might have given it an unfair competitive advantage.
A long history of employee complaints and the need to send a strong message to the hair and beauty industry that "it does not pay to underpay workers" has led to a hairdressing chain being fined $70,000 for short-changing an apprentice more than $8,000.
The Federal Court has fined the CFMEU's construction and general division and five of its officials more than $150,000 for contravening right of entry laws, prompting FWBC director Nigel Hadgkiss to state that entry permits are a "privilege", and not a licence to act unlawfully.
The Federal Court has fined the HSU and three former Victorian officials a total of nearly $68,000 for financial governance irregularities, and, in a first under registered organisations legislation, ordered one of them to repay the union more than $26,000.
A Federal Court full bench has overturned a lower court's interpretation of an employment contract, finding that it had wrongly taken account of the parties' conduct after it commenced.
A court has found that a worker who was asked to look for alternative employment due to his heart condition was dismissed, rejecting his employer's argument that his job ended by "mutual agreement".
The Federal Court has refused to delay the Fair Work Building Industry Inspectorate's unlawful coercion case against the CFMEU over the 2012 Grocon blockade, finding that the company's contempt charges against the union in the Victorian Supreme Court are not criminal proceedings.
The Productivity Commission in a new report has repeated its call for governments to adopt Victorian-style procurement guidelines to regulate substandard IR conduct in the construction industry, but has warned they might need to be modified to avoid a clash with the Fair Work Act.
The Federal Circuit Court has imposed $313,500 in penalties on a company in the Roy Morgan Group for sham contracting, ruling the contraventions were deliberate and directed by senior management.
