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News in brief, October 28, 2003

Employers should eliminate all cigarette smoke in workplaces, says OHS Commission; Push for NSW industrial manslaughter law gathers momentum; telecanvassers in NSW to be covered by award; and Cole bill turgid and likely to be ignored: HR Nicholls.

Bench curbs good faith rulings

In a decision handed down today, An AIRC full bench has clamped down on a tendency for some Commission members to find there is duty to bargain in good faith.

Super changes cater to top end, says Labor

The ALP has slammed super changes passed by the Senate yesterday that are designed to encourage employee contributions, saying they only benefit high income earners and discriminate against same-sex couples.

Can the AIRC arbitrate during a bargaining period?

In an important decision, a Federal Court full bench has ruled today that the existence of a bargaining period didn't prevent the AIRC from arbitrating an award dispute over severance pay.

Termination provision not transferred in contract

The NSW Supreme Court has rejected a senior executive's claim that a company which began paying his $300,000 salary after acquiring his employer's operations was also liable for a $5.4 million termination payout provided under his contract.

Journalists vote up Fairfax pay deal

Journalists at Fairfax have voted up the wages and profit share components of a proposed agreement struck with the MEAA, but won't give final approval until remaining issues are settled.

News in brief, October 26, 2003

Construction stoppage in NSW on Monday; NSW teachers threaten stopworks; and WA IRC approves only one in every 10 EEAs.

Change the NSW IR Act so contract disputes aren't split: barrister

The NSW Government should consider amending the state IR Act to give the Supreme Court of NSW jurisdiction to determine section 106 unfair contract proceedings when it is dealing with associated claims, according to a Sydney barrister.

CFMEU avoids massive costs claim

The CFMEU (mining & energy division) has escaped relatively cheaply from its unsuccessful Federal Court attempt to bring coal mineworkers' superannuation up to community standard, with the Court ruling it didn't have to pay the costs of thirty of the coal companies joined to the case, or of the Commissioner of Taxation.