Latest news with #FairWorkAct
West Australian
3 days ago
- Business
- West Australian
Big miners accuse union of ‘bully tactics' as Pilbara wage fight continues
WA's big miners are crying foul over union claims they have breached Labor's 'same job, same pay' laws before a ruling has been made in the State. The Minerals Council of Australia has lodged a formal complaint with the Fair Work Ombudsman, accusing the Electrical Trades Union of making 'clearly false', and potentially unlawful, representations to workers as it tries to gain a foothold in the Pilbara. Unions won a test case against BHP in the Fair Work Commission two weeks ago to enforce 'same job, same pay' laws on a coal mine in Queensland's Bowen Basin, adding $66 million to the mining giant's wages bill. But though no applications have been successful in WA, the ETU was threatening legal action against sub-contractors in the State as far back as April. In one email sent to multiple labour hire companies obtained by The West Australian, north-west organiser Kevin O'Donnell warned a company it was 'in breach' of the new legislation. The controversial laws — which received fierce opposition from the resources sector — aim to ensure that labour hire workers receive the same pay and conditions as directly employed staff if the Fair Work Commission rules that they're performing equivalent work. 'The ETU will vigorously defend members pay and conditions and use the full force of our legal team to do so if need be,' the ETU email said. The Minerals Council of Australia has now made a formal complaint, arguing those emails breach Section 345 of the Fair Work Act that prohibits 'knowingly or recklessly' making a 'false or misleading' representation about workplace rights. Minerals Council chief executive Tania Constable said the union was attempting to pressure companies into submission. 'This is further evidence of some unions misusing the vast new powers within the legislation to bully their way into the Pilbara,' she said. 'This has nothing to do with workers or wages, it is solely about expanding union power. 'The actions of the ETA in blatantly misrepresenting the law shows the lengths that certain unions will go to in order to abuse such powers.' ETU state secretary Adam Woodage was yet to receive a copy of the complaint on Sunday but said the union won't back down. 'It's extremely disappointing that the MCA has made no effort to contact the ETU or myself directly,' he said. 'It speaks volumes of their attitude towards workers and their unions that represent them. 'The MCA needs to learn we aren't going away and will continue to advocate and defend our members interests.' The ETU has recently filed applications urging the Fair Work Commission to enforce 'same job, same pay' on Chevron's Barrow Island LNG facility, and accused the American-owned oil company of 'playing contractors off against one another'. If successful, sub-contractors Ventia could be forced to increase maintenance wages by $80,000 per year.
Perth Now
4 days ago
- Business
- Perth Now
Move to stamp out ‘unfair' pay practice
Pay for workers in female, part time and under-35 dominated industries will be the target of some of the first new laws under the new federal government. On Saturday, Employment Minister Amanda Rishworth announced laws to protect penalty rates and overtime pay for 2.6 million workers would be introduced in the coming weeks. 'If you rely on the modern award safety net and work weekends, public holidays, early mornings or late nights, you deserve to have your wages protected,' Ms Rishworth said. 'We want this law passed as a top priority, so workers are protected from the loopholes that see their take-home pay go backwards.' People covered by award rates are more likely to be women, work part time, be under 35 years of age or employed on casual contracts, Ms Rishworth said. Workplace Relations Minister Amanda Rishworth says retail, clerical and banking sector companies have been engaged in the 'unfair' practice. NewsWire / Martin Ollman Credit: News Corp Australia The proposed law would add rules to the Fair Work Act, so penalty rates and overtime cannot be rolled up into a single rate of pay where it leaves any individual worker worse off. Speaking in Canberra on Saturday, Ms Rishworth stood alongside retail workers who said their penalty rates were 'really important' in paying for groceries and school fees. Retail worker Daniel said he was paid about $85 in penalty rates each week, equalling $4240 a year. 'I've been in retail for 17 years … That money often pays for vets, dentists, doctors and food. 'Generally, I find living on six to $700 a week is a struggle, whether you've got a partner to rely on or not. 'Penalty rates honestly make a huge difference, and without it, I'd have to work more. See my family less, see my dog less, see my friends less,' he said. 'Just not go to the movies, not ever have a holiday. It's a myriad of things that would affect me.' Ms Rishworth said the new legislation was prompted by 'a number of cases' where penalty rates were being reduced 'in an unfair way'. Retail, clerical and banking sector companies had made moves to trade away penalty rates for lower-paid workers, she said, leaving those staff worse off. 'Enterprise bargaining is the appropriate place to negotiate on entitlements – not eroding the award safety net,' Ms Rishworth said. Labor needs only the support of the Greens in the senate to pass legislation, sidelining the other minor parties and independents who held sway in the previous parliament's upper house. Following the May 3 election, politicians are returning to Canberra with the new parliament kicking off on Tuesday.
News.com.au
4 days ago
- Business
- News.com.au
‘Unfair': Labor reveals penalty rates protection as priority when parliament returns
Pay for workers in female, part time and under-35 dominated industries will be the target of some of the first new laws under the new federal government. On Saturday, Employment Minister Amanda Rishworth announced laws to protect penalty rates and overtime pay for 2.6 million workers would be introduced in the coming weeks. 'If you rely on the modern award safety net and work weekends, public holidays, early mornings or late nights, you deserve to have your wages protected,' Ms Rishworth said. 'We want this law passed as a top priority, so workers are protected from the loopholes that see their take-home pay go backwards.' People covered by award rates are more likely to be women, work part time, be under 35 years of age or employed on casual contracts, Ms Rishworth said. The proposed law would add rules to the Fair Work Act, so penalty rates and overtime cannot be rolled up into a single rate of pay where it leaves any individual worker worse off. Speaking in Canberra on Saturday, Ms Rishworth stood alongside retail workers who said their penalty rates were 'really important' in paying for groceries and school fees. Retail worker Daniel said he was paid about $85 in penalty rates each week, equalling $4240 a year. 'I've been in retail for 17 years … That money often pays for vets, dentists, doctors and food. 'Generally, I find living on six to $700 a week is a struggle, whether you've got a partner to rely on or not. 'Penalty rates honestly make a huge difference, and without it, I'd have to work more. See my family less, see my dog less, see my friends less,' he said. 'Just not go to the movies, not ever have a holiday. It's a myriad of things that would affect me.' Ms Rishworth said the new legislation was prompted by 'a number of cases' where penalty rates were being reduced 'in an unfair way'. Retail, clerical and banking sector companies had made moves to trade away penalty rates for lower-paid workers, she said, leaving those staff worse off. 'Enterprise bargaining is the appropriate place to negotiate on entitlements – not eroding the award safety net,' Ms Rishworth said. Labor needs only the support of the Greens in the senate to pass legislation, sidelining the other minor parties and independents who held sway in the previous parliament's upper house.
Yahoo
11-07-2025
- Business
- Yahoo
Fair Workplace Solutions Showcases Expertise in Critical Unfair Dismissal Case Guidance
Sydney, July 11, 2025 (GLOBE NEWSWIRE) -- Leading employment law firm demonstrates deep understanding of Fair Work Commission requirements and exceptional circumstances doctrine. Fair Workplace Solutions, a specialist employment law firm renowned for its fair, honest and direct approach to workplace legal matters, has demonstrated its comprehensive expertise in complex unfair dismissal proceedings through analysis of the recent Fair Work Commission decision in Hatami v Australian Techno Management College Pty Ltd. In this case, Fair Workplace Solutions acted on behalf of the Employer. The case, decided by Commissioner Walkaden on 20 May 2025, highlights the critical importance of understanding Fair Work Act time limitations and the stringent requirements for exceptional circumstances when seeking extensions of time for applications. In the Hatami decision, the Fair Work Commission dismissed an application for extension of time where the applicant filed his unfair dismissal claim 24 days after dismissal, missing the mandatory 21-day deadline by just three days. The case demonstrates the exacting standards applied by the Commission when evaluating exceptional circumstances under section 394(3) of the Fair Work Act. "This case perfectly illustrates why employees and employers alike need specialist employment law guidance from the outset," said a spokesperson for Fair Workplace Solutions. "The applicant's circumstances - including lack of knowledge of time limits, emotional distress, medical conditions, and financial hardship - were deemed insufficient to constitute exceptional circumstances, despite seeming compelling on the surface." The Commission applied the established Nulty v Blue Star Group precedent, which requires circumstances to be "out of the ordinary course, or unusual, or special, or uncommon" rather than "regularly, routinely, or normally encountered". Significantly, the decision emphasised that mere ignorance of statutory time limits is not exceptional, as this would be "all too common for dismissed employees". Fair Workplace Solutions' deep understanding of such precedential frameworks positions the firm to provide critical early intervention advice that can prevent procedural pitfalls from undermining otherwise meritorious claims. Fair Workplace Solutions provides comprehensive employment law services for both employers and employees, with a particular focus on Unfair Dismissal Claims. The firm's unique position representing both employers and employees provides invaluable insight into successful claim strategies and common pitfalls. "We know what we are looking for to maximise prospects of success," the firm notes, emphasising their comprehensive understanding of Fair Work Commission processes. Unlike traditional law firms, Fair Workplace Solutions operates with a "practical, business-minded and easy to understand advice" without "fluffy language or complex legal phrases". For more information, visit About Fair Workplace Solutions is a specialist employment law firm serving employers and employees across Australia. The firm's experienced team focuses exclusively on employment law matters, providing expert guidance through the complexities of the Fair Work Act and modern award system. With a commitment to fair, honest and direct advice, the firm helps clients navigate workplace challenges with confidence and achieve optimal outcomes. ### For more information about Fair Workplace Solutions, contact the company here:Fair Workplace SolutionsMassi Tamas1800 565 975info@ 308/20A Lexington Dr, Bella Vista NSW 2153, Australia CONTACT: Massi TamasError in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
The Age
09-07-2025
- Entertainment
- The Age
Royal prankster ‘gagged' after nurse tragedy, court told
An ex-radio host at the centre of an infamous royal prank call that ended in tragedy has claimed his former employer sought to gag him from speaking out about the incident before sacking him in a redundancy process that was 'not genuine.' Michael Christian launched Federal Court proceedings last week against Southern Cross Austereo, including for alleged contraventions of the Fair Work Act and whistleblower protections, after his role was made redundant in February. He had been employed by the network for more than 20 years. Christian alleges he was directed by Austereo to participate in the disastrous hoax with his co-host, Mel Greig, on December 4, 2012, which marked his second day in his then new role as a presenter of the Hot 30 Countdown on Sydney's 2Day FM. During the stunt, the presenters impersonated the then Prince Charles and Queen Elizabeth in a call to a London hospital where the then Duchess of Cambridge, now the Princess of Wales, had been admitted for severe morning sickness. The call, aired hours later, unexpectedly resulted in the pair eliciting private medical information about the Duchess. The deception triggered international outrage after Jacintha Saldanha, one of the nurses who was tricked, died by suicide. The presenters' concerns about the prank and broadcasting the call were dismissed, Christian's lawyers say. They allege the network 'did not immediately take public accountability' after Saldanha's death but left the co-hosts 'exposed to relentless public vitriol, harassment and abuse, including death threats' as 'convenient fall guys and scapegoats'. Christian's role was terminated on February 28 this year on the grounds of a purported redundancy, his lawyers say in the court documents released on Wednesday.
