Latest news with #FairWorkOmbudsman
SBS Australia
15-05-2025
- Business
- SBS Australia
Cash-in-hand, underpaid: Fair Work Ombudsman explains migrant work rights in Australia
All workers in Australia—regardless of visa status—have equal rights to wages, entitlements, and workplace protections, according to the Fair Work Ombudsman. 'Cash-in-hand' jobs are only legal if proper pay and documentation are provided; they are unlawful if used to avoid tax or minimum conditions. Complaints about underpayment, bullying, or unfair dismissal can be lodged with the Fair Work Ombudsman—this service is free and confidential. SBS Filipino 15/05/2025 08:52 📢 Where to Catch SBS Filipino
Sydney Morning Herald
09-05-2025
- Health
- Sydney Morning Herald
No-show Setka too sick to deal with lawyers over push to oust AFL umpiring boss
A mystery illness has left former CFMEU boss John Setka too unwell to appear in court or even instruct lawyers over allegations he tried to force the AFL into sacking its umpiring head. Setka, or lawyers on his behalf, have now failed to show up for two preliminary Federal Court hearings to respond to accusations from the Fair Work Ombudsman, instead providing a medical certificate that he is too unwell to attend meetings. The court heard that while the certificate provided few details of the nature of the union hardman's ailment, it also indicated he had a WorkCover claim in progress. The ombudsman alleges the disgraced former CFMEU boss breached workplace laws by trying to pressure the AFL into dumping its umpiring chief, Steve McBurney, due to his previous job at the Australian Building and Construction Commission (ABCC). A case management hearing on Friday was unable to proceed after Setka's second no-show in a month, leaving Justice John Snaden and lawyers representing the ombudsman to discuss options to go forward with the matter. Loading Representing the ombudsman, lawyer Marc Felman, KC, said he had received correspondence including a medical certificate that stated that Setka was not currently in a state of mind to attend meetings, make decisions or instruct legal representation, though there was no indication of how long it would take him to recover. Felman said the letter indicated Setka would be receiving treatment for several months and had a WorkCover claim that was being assessed, but the nature of his illness was not disclosed because Setka was concerned about releasing personal and private information to government organisations. He told the court Setka needed to file a defence or a report from a qualified specialist medical practitioner.
The Age
09-05-2025
- Health
- The Age
No-show Setka too sick to deal with lawyers over push to oust AFL umpiring boss
A mystery illness has left former CFMEU boss John Setka too unwell to appear in court or even instruct lawyers over allegations he tried to force the AFL into sacking its umpiring head. Setka, or lawyers on his behalf, have now failed to show up for two preliminary Federal Court hearings to respond to accusations from the Fair Work Ombudsman, instead providing a medical certificate that he is too unwell to attend meetings. The court heard that while the certificate provided few details of the nature of the union hardman's ailment, it also indicated he had a WorkCover claim in progress. The ombudsman alleges the disgraced former CFMEU boss breached workplace laws by trying to pressure the AFL into dumping its umpiring chief, Steve McBurney, due to his previous job at the Australian Building and Construction Commission (ABCC). A case management hearing on Friday was unable to proceed after Setka's second no-show in a month, leaving Justice John Snaden and lawyers representing the ombudsman to discuss options to go forward with the matter. Loading Representing the ombudsman, lawyer Marc Felman, KC, said he had received correspondence including a medical certificate that stated that Setka was not currently in a state of mind to attend meetings, make decisions or instruct legal representation, though there was no indication of how long it would take him to recover. Felman said the letter indicated Setka would be receiving treatment for several months and had a WorkCover claim that was being assessed, but the nature of his illness was not disclosed because Setka was concerned about releasing personal and private information to government organisations. He told the court Setka needed to file a defence or a report from a qualified specialist medical practitioner.
The Australian
30-04-2025
- Business
- The Australian
Election 2025: Business fears $18bn ALP ambush on portable leave to aid unions
You can now listen to The Australian's articles. Give us your feedback. You can now listen to The Australian's articles. Employers have warned of an $18bn hit to the economy and 'a new $900m cash cow for unions' under a universal portable long service leave scheme they fear Anthony Albanese will implement to bolster union power and revenue streams. Days out from Saturday's election, business leaders have raised concerns that a second-term Albanese government industrial relations agenda will deliver on a key demand from union chiefs to roll out a national portable entitlements scheme for casual workers. After the Prime Minister pushed through a raft of IR reforms in his first term, including multi-employer bargaining, closing loopholes and right to disconnect laws, Labor is expected to revive its commitment to portable schemes that industry leaders believe could force businesses to pay billions of dollars in entitlements each year into new union-linked funds. Industry analysis obtained by The Australian claims there would be an $18bn hit on the economy if portable long service leave schemes were imposed across the economy. Based on existing worker entitlement funds, the analysis says this could deliver a '$900m revenue stream to unions'. Business chiefs are also concerned about the potential for employees to 'double dip' via different long service leave laws. Amid private sector concerns about Labor's IR agenda, the Fair Work Ombudsman issued a warning as left-wing unions prepare to hijack a May Day rally in Sydney on Thursday to voice their anger at the Albanese government for putting the CFMEU's construction division into administration. The FWO, which encouraged employees who planned to attend to use available leave, said it would monitor and investigate any 'potential non-compliance with Commonwealth workplace laws'. The Victorian Labor government under Daniel Andrews was an early mover on portable entitlements schemes, providing a range of long service, sick and carers leave for workers across disability, aged care, cleaning, retail and hospitality sectors. Other Labor state and territory governments have set-up portable entitlements schemes, including Chris Minns' NSW government which will launch a portable long service leave scheme for community services workers from July 1. Long service leave is typically accounted for by businesses as a contingent liability. Businesses still retain the actual money themselves as part of their working capital and that remains as a business asset. Minerals Council of Australia chief executive Tania Constable, who represents companies including BHP, Rio Tinto, Glencore and Lynas, said a universal portable long service entitlements scheme would be a 'compulsory union tax on every business in Australia'. 'This has nothing to do with protecting worker entitlements, and all to do with creating new income streams for unions to help fuel their political agenda. Worker entitlement funds are unregulated and unaccountable and are notorious for being exploited by unions who skim millions of dollars from these funds for their own profiteering,' Ms Constable told The Australian. 'This will take billions of dollars out of the productive economy, from small businesses to large businesses, and lock it up in union-controlled funds – a massive hit to the economy that Australia cannot afford.' Pressed last year about the Department of Employment consulting on portable leave entitlements and the potential of new federal schemes, Mr Albanese confirmed 'the Fair Work Commission are looking at these issues'. 'We want to make sure our economy grows and that workers get a share of that growth. That's been our objective,' Mr Albanese said in February last year. Anthony Albanese greets supporters at a pre-polling booth alongside Hasluck MP Member is Tania Lawrence (left) and Bullwinkel candidate Trish Cook (right) in the Perth suburb of Midlands. Picture: Getty Images Federal Labor, which has committed to helping disability workers access portable leave entitlements, has previously stated its support for protecting workers' entitlements particularly in industries with itinerant patterns of employment. Asked if Mr Albanese would pursue a second-term IR agenda focused on universal portable long service entitlements or a broader national portable leave scheme, a government spokeswoman said Labor would protect workers from 'Peter Dutton's cuts to pay packets, penalty rates, working form home and the right to disconnect'. 'The Albanese government's focus is on continuing to lift wages, including by supporting an economically sustainable real wage increase for the lowest paid Australians, banning non-compete clauses in employment contracts and closing the gender pay gap,' the spokeswoman said. In November last year, the Australian Workers' Union national conference endorsed a universal portable long service leave scheme to replace existing arrangements where employees accrue paid leave with a single employer. The AWU, which is pushing Mr Albanese and Workplace Relations Minister Murray Watt to make a portable leave scheme a second-term IR priority, argues that millions of workers are now in insecure work, with 22 per cent in casual roles. Treasurer Jim Chalmers, a member of the AWU, last week said IR priorities for a re-elected Albanese government would focus on gender and work done by the FWC, the modern awards review and changes to non-compete clauses. Unions are also lobbying for new rules allowing them to charge non-union members for bargaining done on their behalf and for all new migrant workers arriving in Australia to receive inductions to understand their rights and opportunities to join unions. Master Builders Australia chief executive Denita Wawn said this isn't 'just about fairness, it's about trust, integrity, and putting an end to union slush funds masquerading as worker benefits'. 'For too long, these funds have operated in the shadows, with little oversight. It's time for real accountability. Too many have looked the other way while unions treat these funds like private piggy banks,' Ms Wawn said. 'Workers deserve control over their own money. They should have the right to choose who manages their entitlement contributions and full visibility into how those funds are invested and used.' Incolink chief executive Erik Locke, who runs Australia's biggest union-backed worker entitlement scheme associated with the CFMEU and other trades' unions, last year urged the Albanese government to set-up a national portable leave scheme across the workforce. Mr Locke said Labor should go beyond its 2022 election pledge to examine a portable leave scheme for insecure workers and look at a nationwide approach that would create a multibillion-dollar system of leave entitlements similar to superannuation. Australian Industry Group chief executive Innes Willox said 'long service leave entitlements should generally only accrue where employees actually perform a long period of service with their employer'. Mr Willox said portable leave schemes were causing major problems for employers given levies of around three per cent that typically apply. He said the cost of portable long service leave is often more than three times the cost of regular long service entitlements. 'The last thing that employers and the community needs is for portable long service leave schemes to be expanded,' he said. A report released this week by the Liberal Party-aligned Menzies Research Centre said union membership had 'declined from over 50 per cent of the population in 1976 to just 13 per cent in 2024 and as low as 7.9 per cent in the private sector'. 'Rather than adapting to remain relevant to workers, unions have shifted to alternative revenue sources to remain financially sustainable,' the report said. 'Australia's largest unions have accumulated well in excess of $1.8bn in assets and generate more than $800m in annual income. In the nearly 20 years for which records are available, since 2006-07, Australian unions have pocketed a grand total of $528,769,384, from worker entitlement, training and superannuation funds.' Read related topics: Anthony Albanese
Daily Mail
28-04-2025
- Politics
- Daily Mail
Former head of Australia's most controversial trade union is accused of trying to get the AFL to SACK one of the league's top officials
The Fair Work Ombudsman has taken legal action against ex-CFMEU boss John Setka for allegedly trying to force the AFL to sack Head of Officiating Stephen McBurney. Setka, the former Victorian secretary of the CFMEU and one of the most divisive figures in Australian union history who stepped down from his union leadership role in 2023, is accused of threatening to block or delay construction projects connected to the AFL unless McBurney was removed. The threats were reportedly made through media statements and a post authorised on the CFMEU Vic-Tas Facebook page, warning, 'Good luck to the AFL with any plans to build any projects, as our members will not be building or supporting any projects that the AFL are involved in.' At the centre of the case is Stephen McBurney, a former AFL umpire who officiated 401 games, including four grand finals. After retiring, McBurney served as Australian Building and Construction Commissioner (ABCC) from 2018 to 2023, where he led over 50 legal actions against the CFMEU. That history is now cited as the reason Setka allegedly targeted him following his return to the AFL in March 2024 as Head of Officiating. John Setka is the former Victorian secretary of the CFMEU who stood down from his leadership role in 2023 The Fair Work Ombudsman has alleged that Setka tried to influence the AFL to remove Head of Officiating Stephen McBurney from his post In his previous position as Australian Building and Construction Commissioner, McBurney launched over 50 legal actions against the CFMEU Fair Work Ombudsman Anna Booth described the situation as a serious breach of workplace rights and industrial law. 'We are alleging that Mr Setka, and through him the CFMEU, have engaged in deliberate unlawful conduct against a former senior public official,' she said. The FWO's case hinges on public remarks made between 31 May and 14 June 2024, including a statement in The Australian in which Setka reportedly said, 'They will regret the day they ever employed him.' In a separate radio interview with 6PR, he allegedly stated, 'As far as we're concerned, we will pursue the ex-ABCC till the ends of the earth.' The FWO alleges these comments and actions were attempts to coerce the AFL into firing McBurney, in violation of sections 340 and 355 of the Fair Work Act. These sections make it unlawful to take adverse action or to coerce an employer to act against a person because they exercised a workplace right. Booth said the case sends a strong message across all sectors. McBurney is a former AFL umpire who officiated over 400 matches including four grand finals Setka and McBurney clashed for many years before Setka allegedly tried to have him removed by the AFL 'Mr McBurney had a lawful workplace right to perform his role as ABCC Commissioner without fear of future targeting,' she said. 'Threatening or coercive behaviour has no place in Australia's industrial relations system.' Setka's legal troubles are far from new. Over the years, he's developed a reputation as a fierce, combative union leader, earning praise from some for defending worker rights and scorn from others for his aggressive tactics. In 2019, Setka was accused of making controversial comments about domestic violence campaigner Rosie Batty, sparking widespread outrage. Though he denied the remarks, the incident led then-Labor leader Anthony Albanese to move to expel him from the party. Despite the controversy, Setka remained defiant and held onto his role until stepping down in 2023. McBurney, in contrast, has built a reputation for integrity and leadership in both sport and governance. His tenure at the ABCC drew praise from industry groups and criticism from unions. His return to the AFL was supported by the league and the AFL Umpires Association, with a focus on improving officiating and building talent across all levels of the game. The AFL has stood by McBurney throughout the controversy, resisting any pressure to terminate his role. League officials have not commented publicly on the legal action, but sources suggest there is strong backing for his continued leadership. The penalties sought by the FWO include up to $18,780 per contravention for Setka and up to $93,900 per contravention for the CFMEU. A directions hearing has been scheduled for May 9 in Melbourne's Federal Court.
