PENALTIES: EMPLOYER AND DIRECTOR TO PAY $110,000 AND $20,000 IN PENALTIES FOR CONTRAVENTIONS INVOLVING UNDERPAYMENT OF REFUGEE CLEANERS
A cleaning company and one of its directors were ordered to pay penalties in the amount of $110,000 and $20,000, respectively, for contraventions of the Fair Work Act 2009 (Cth).
United Voice v Lloyds Services ACT Pty Ltd (2017) AILR ¶102-859;  FCA 1007
ADVERSE ACTION: EMPLOYER CAUGHT “BETWEEN A ROCK AND A HARD PLACE” THREATENED TO DISMISSAL ALL ITS EMPLOYEES
A building industry participant took unlawful adverse action against its employees when it told them that it was seriously considering making them redundant after they voted against proposed amendments to the relevant enterprise agreement which were required to make the agreement compliant with the Commonwealth Code for the Tendering and Performance of Building Work 2016.
CFMEU v De Martin & Gasparini Pty Limited (No 2) (2017) AILR ¶102-860;  FCA 1046
PENALTIES: UNION CANNOT DICTATE WHO CAN AND CANNOT WORK ON CONSTRUCTION SITE
The Federal Circuit Court imposed penalties of over $100,000 on four respondents involved in the termination of a contract for work on a Brisbane construction site where the union dictated that a sub-contractor with a valid Enterprise Bargaining Agreement (EBA), could not work on the site without an EBA to which the union was a party.
Australian Building and Construction Commissioner v Dig It Landscapes Pty Ltd & Ors (2017) AILR ¶102-861;  FCCA 2128
PROTECTED ACTION BALLOT: NSW AND ACT CATHOLIC DIOCESES ARE “SINGLE INTEREST EMPLOYERS”
The Fair Work Commission determined that 11 Dioceses of the Roman Catholic Church in NSW and the ACT are single interest employers engaged in a “common enterprise” with the consequence that their employees can engage in protected industrial action.
Application by the Independent Education Union of Australia (2017) 69 AILR ¶102-863;  FWC 4528
ACCESSORIAL LIABILITY: GENERAL MANAGER’S IGNORANCE DEFENCE REJECTED
The Federal Circuit Court found that the general manager of a labour hire company was knowingly and intentionally involved in, and therefore accessorily liable for, contraventions of the Fair Work Act 2009 (Cth) including sham contracting, underpayment and record keeping breaches.
Fair Work Ombudsman v Raying Holding Pty Ltd & Anor (No 2) (2017) 69 AILR ¶102-864;  FCCA 2148