Tag: Fair Work Commission

  • Fair Work Commission – “bullying” was reasonable management action and rejected a long-serving employee’s bullying claim.

    The Fair Work Commission said, “bullying” was reasonable management action, and has rejected a long-serving employee’s bullying claim.  The Commission accepted that the employer, Salvation Army Employment Plus, took reasonable management action when it performance-managed its employee after she resisted changes to workplace practices.

    Commissioner Lee in a ruling issued 4 June 2015 said the issues raised by the Salvation Army Employment Plus job placement consultant in her bullying claim “are reasonable management action undertaken in a reasonable manner”.  The Commissioner said the consultant particularly objected to a change that involved her seeking to place in jobs clients from the full “rainbow” of applicants, rather than just the “generally job ready” clients she had dealt with in her 9 years with the organisation.

    The placement consultant told the Commission at the hearing in April that the change meant she was now required to deal with stream-4 clients who “may be somebody who is recently out of prison and they have drug issues, mental health issues, schizophrenia, they are considered not job-ready”.  The consultant refused to deal with the stream-4 clients claiming it was unsafe, but Commissioner Lee, after considering evidence including a recent Worksafe inspection, said he was satisfied there was no such risk.  Commissioner Lee said the change in client mix, alongside the employer’s new approach to performance management, “is a major driver” of the consultant making the bullying claim.

    The consultant claimed she was being unreasonably performance managed and micro-managed.

    The Commissioner said the consultant was “deeply distressed that her refusal to service ‘stream 4’ clients was the basis for the finding [in a performance assessment] that she was not meeting the values of the organisation”.  The employer gave her a score of 57 out of 100 in her most recent assessment, against an average across all employees of 62, marking her down for failing to service the stream 4 clients.

    Commissioner Lee said that it was “not unreasonable” for her refusal to “become a matter of note in her performance appraisal“, given that it was part of her position description.  The Commissioner said Employment Plus had in the past failed to assess individual performance but while its introduction had been “a significant change” for the consultant, “the manner in which it has been introduced or administered does not appear to be unreasonable.”

    Organisation shifting from “moribund” to “performance focussed

    Commissioner Lee said the organisation had shifted from “a long period of moribund management to an environment where the organisation is performance focussed… However, while this represents a significant change in her working environment, the fact that it occurred and the method of its implementation did not amount to bullying”.

    Commissioner Lee said the change within Employment Plus was a response to the Salvation Army seeking to implement a “high performance culture” to turn around losses that meant the job agency was being subsidised.

    Commissioner Lee said “She was forced to adjust to a more active management after a lengthy period of the organisation managing her and her colleagues very poorly… However, while this was a change that had a personal impact on the [consultant], particularly with the high turnover, there is no evidence that the approach taken amounted to bullying behaviour directed at the [consultant], particularly given the evidence of the timely replacement of vacancies in the organisation.”

    [A. B. [2015] FWC 3353 (4 June 2015)]

  • Get ready for 2.5% wage increase – Fair Work Commission

    The Fair Work Commission has announced a 2.5% increase to minimum wages.  The increase will apply from the first full pay period starting on or after 1 July 2015.

    The increase only applies to employees that get their pay rates from the national minimum wage, a modern award or in some cases a registered agreement.

    The new national minimum wage will be $656.90 per week or $17.29 per hour. The national minimum wage applies to employees who are not covered by an award or agreement.

    Most employees are covered by an award.

    Award rates will increase by 2.5%.

    What happens next?

    The Fair Work Commission will issue draft determinations and orders about how this decision affects each modern award.

    I will keep you informed of the new pay rates.

  • Coles Supermarkets set to deliver 3% annual pay increases nationally in enterprise agreement

    For the first time, Coles Supermarkets has included all non-salaried employees in its new national enterprise agreement, which will deliver 3% annual pay increases to more than 75,000 workers.

    SDA national secretary Gerard Dwyer has said the union is “very pleased” with the agreement, particularly as it provides significant wage increases for 18- and 19-year-old employees.  Dwyer said junior rates for 18-year-olds will move from 67.5% of adult rates to 75% over the life of the agreement, while rates for 19-years-olds will increase from 80 to 90%.

    The retail giant will now lodge the draft agreement, which will replace the 2011 agreement, which expired in the middle of last year, with the Fair Work Commission for approval.

    Coles informed the SDA, TWU, AWU and AMIEU in April last year that it wanted to move to a national deal for all non-salaried employees in its 760 Coles and Bi-Lo supermarkets, including “customer service agents“, a new role which resulted from bringing in-house the delivery of online-purchased goods, which had previously been performed by Linfox drivers.

    The TWU failed to convince the Fair Work Commission that there were sufficient grounds for a separate agreement for these drivers.

    Dwyer said the unions had now agreed that customer service agents should be classified as retail employees and that the agreement will mean an initial rise in mid-2016 of over $50 for some of those workers.

    Coles operations and supply chain director Andy Coleman said the company is pleased employees have endorsed the enterprise agreement, which, he said, will deliver increased benefits and flexibility, while reducing complexity.

    Coleman said younger employees will be the main beneficiaries of the new agreement, with additional wage increases for 18- and 19-year-olds.

    Coles is also offering additional support to families, with step-parents now treated the same as biological parents with up to five days’ compassionate leave, and an additional type of leave for team members who experience domestic and family violence.

    The SDA and Woolworths are expected to finalise a new pay deal in the coming weeks.