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News in brief, October 31, 2003

New HREOC president attacks human rights bill for undermining Commission's independence; and termination, change and redundancy statement spells out duty of Queensland employers to genuinely consult, say unions.

Bench ends "matters pertaining" confusion, says look at whole deal

In a major decision that will end uncertainty over the vexed "matters pertaining" issue, a full bench of the AIRC has departed from Atlas Steels and held that provisions in deals do not need to be considered and approved in isolation.

PC proposes new duty for employers

The Productivity Commission has floated the idea of imposing a "positive duty" on employers to identify and remedy barriers to employing people with disabilities, after finding the Disability Discrimination Act had failed to reduce discrimination in employment.

NSW Supreme Court ignores State IRC's Reich ruling

A court ruling last week confirms that the NSW IRC and Supreme Court have different views on whether a breach of contract case can be brought under the s106 unfair contract provisions of the State's IR Act.

Democrats give Government some hope on law enforcement bills

The Democrats have thrown the Government a few small crumbs in their fairly open-ended response to three bills proposing a tougher IR law-enforcement regime, but seem largely unconvinced that major change is required.

Ombudsman refers Puplick matter to ICAC and DPP

The NSW Ombudsman has referred its investigation into the behaviour of former Anti-Discrimination Board head and Privacy Commissioner, Chris Puplick, to both ICAC and the Director of Public Prosecutions.

AIRC clarifies continuity of service requirement

The AIRC has ruled that employees' length of service for calculating redundancy entitlements includes periods where they are stood down, in a case involving Geelong Wool Combing workers who were locked out for five months.

Report confirms flight to AWAs after WA IR changes

The number of AWAs filed in WA has more than tripled in 2002-03 compared to the previous year, a rate of growth four times higher than the national average, according to the Office of the Employment Advocate's annual report.

Sensis ruling ignites good faith debate

The Federal Opposition has called today for good faith bargaining laws in the wake of yesterday's Sensis ruling by an AIRC full bench, while labour law academic Anthony Forsyth says the decision still leaves the Commission with considerable powers to make orders that have a similar effect.

Make peace at Avalon, AIRC pleads

The AIRC has today urged Forstaff and the AMWU to reach agreement on giving the union access to the company's Avalon airport premises, after a majority of workers voted this month to end the ALAEA's exclusive coverage of the site.