UNIONS: TWU FINED OVER $270,000 FOR FAILING TO KEEP/UPDATE MEMBERSHIP RECORDS
The Federal Court imposed total pecuniary penalties of $271,362.36 on a union for failure to comply with its obligations to properly maintain its membership register.
Registered Organisations Commissioner v Transport Workers’ Union of Australia (2018) 70 AILR ¶102-914;  FCA 32
WAGES: EQUAL REMUNERATION ORDER FOR CHILDCARE INDUSTRY REJECTED
An application for an equal remuneration order in relation to the female-dominated children’s services and early childhood education industry was dismissed after a Full Bench of the Fair Work Commission rejected the applicant unions’ proposed male comparator group.
Application by United Voice and the Australian Education Union (2018) 70 AILR ¶102-915;  FWCFB 177
ANTI-BULLYING: VOLUNTEER WORKER COULD BRING CASE AGAINST RSL
The Fair Work Commission has held that the named respondent in an anti-bullying application did, in fact, carry out services and conduct the workplace where a volunteer worked. It followed that the Commission had jurisdiction to hear that application and so an interlocutory objection to the Commission’s jurisdiction was dismissed.
Ryan v Returned & Services League of Australia (Queensland Branch) (RSL Queensland) (2018) 70 AILR ¶102-916;  FWC 761
PENALTIES: COURTS CAN ISSUE PERSONAL PAYMENT ORDERS AGAINST INDIVIDUAL UNION OFFICERS
The High Court unanimously held that the Fair Work Act 2009 (Cth) (the FW Act) did not permit an order prohibiting a union from indemnifying one of its officials in respect of a civil penalty that was imposed upon him. However, by majority, the High Court held that the FW Act contained an implied power allowing for an order requiring that a contravener pay a pecuniary penalty personally and not seek or accept indemnity from a co‑contravener.
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 70 AILR ¶102-917 ;  HCA 3
TERMINATION OF EMPLOYMENT: PUBLIC SERVANT’S TRUE INADVERTENCE TO HUSBAND’S CRIMINAL ACTIVITY WAS NOT MISCONDUCT
The Supreme Court of New South Wales has held that inadvertence in a person’s private life to the criminality of another person could not constitute misconduct for the purposes of s 69(1) of the Government Sector Employment Act 2013 (NSW) following a finding that a government employee was truly inadvertent to the fact that her husband was dealing a prohibited drug.
McKay v Department of Family & Community Services (2018) 70 AILR ¶200-591;  NSWSC 44
DISCRIMINATION: NO SEXUAL DISCRIMINATION AGAINST DISMISSED DOMESTIC VIOLENCE VICTIM
The sex discrimination claim of a female employee who was dismissed after calling in sick due to a domestic violence incident, was refused by the Queensland Industrial Relations Commission after it rejected the propositions that being a victim of domestic violence is a characteristic that women generally have, and that an inability to keep personal issues out of the workplace or to prevent personal issues from impacting on their work were characteristics often imputed to women.
Wright v Bishop (2018) 70 AILR 300-210;  QIRC 7