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Unfair dismissal round-up, February 17, 2005

New owner free to put old employees on probation; Unauthorised toilet breaks justify dismissal; Childcare worker's union rep should have stepped-in: Tribunal; and AIRC turns to the dictionary to define “unfair dismissal”.

NSW IRC says misleading conduct rendered contract unfair

The NSW IRC has found an employer's misleading conduct made an executive's contract unfair under the State's s106 unfair contract provisions, in the first full bench ruling on unfair conduct since the NSW Court of Appeal's crucial Sydney Water judgment.

Pilots' union seeks to expand coverage

The Australian and International Pilots Association has applied to expand its coverage to cover any pilots that Qantas engages through subsidiaries or labour hire companies.

News in brief, February 16, 2005

Andrews says he'll go national "incrementally" even if states don't refer IR powers; Family minister says family impact statements to consider effects of IR change on family unit's functioning and responsibilities; Western Europe proving that US labour market not the only model, says ILO; AIRC issues Macquarie University matters pertaining reasons; Definition of small business in exemption legislation has grown from 10 to 20 employees, says Parliamentary report; EEO honour list doubles in four years; Netball Australia responds to players' claims; and Clarification - Trindall decision.


Slash awards to six matters; Remove wage-setting from AIRC, says BCA

Fairness would achieved by the tax and welfare systems, rather than the IR system, while awards would be stripped back to six allowable matters and minimum wages would be fixed by the Government, under a radical BCA proposal released today.

ACCC court action against ETU, Victorian power station

The ACCC has begun Federal Court proceedings against both the Victorian branch of the ETU and a Latrobe Valley power station operator for allegedly entering into an agreement to prevent subcontractors without union agreements from being engaged on the site.


Approval or refusal the only option: AIRC

The AIRC has ruled that it has no power to allow parties to agreements to withdraw their certification applications, and has instead rejected a deal because it falls foul of Electrolux.

Costello: more individual contracts, wages tied to productivity

Federal Treasurer Peter Costello has outlined his vision for a brave new IR world, with more individual contracts, stripped back awards, “ease of exit” from jobs and productivity-linked wage increases some of the key components.