A judge has in imposing penalties on BMA factored in that management overseeing one of its a coal-loading facilities "took the odds" after being warned they were breaching its agreement by requiring workers to perform 455 overtime hours a year.
A senior FWC member got his wires crossed when he insisted a union had asked him to rule on the same electrician's allowance dispute he had considered almost three years earlier, a full bench has found.
A BHP worker accused of failing to cooperate with COVID-19 temperature screening should have been told before a meeting that it wanted to question him separately over a colleague's alleged misconduct, but the FWC says the employer did not need to reveal the investigation involved his support person.
A FWC member has resisted criticising labour hire company Workpac for mishandling the redundancies of five mine workers due to "extraordinary" COVID-19 circumstances but expressed disbelief at resource giant South32's ignorance of its supplier's statutory obligations.
The FWC has expressed sympathy for four police officers facing transfers after they belatedly learned their time in a specialist s-x offenders unit would be capped, but has ruled it lacks power to arbitrate the matter.
In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.
The FWC has given Santos, and AWU and the AMWU a recommended framework for consulting over pandemic-related proposals such as quarantining, suggesting they discuss current disputes concerning the gas giant's Cooper Basin workforce with a view to putting it into practice.
An FWC full bench has, in dismissing a former Ausgrid worker's appeal, expressed surprise that a presidential member elected to hear the matter in the first place, noting that the employer knew nothing of any dispute before she made the application.
The FWC has ordered an aged care provider to restore leave days to employees it directed to stay away from work over COVID-19 transmission fears, observing "it's just the right thing to do".
The FWC has found "persuasive" the High Court's reliance in Mondelez on ordinary hours to calculate entitlements, dumping a union's attempt to win more annual leave for council waste and recycling workers.
