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"Industrially unsound" result in case scuttled by friendly fire

In a decision where the employer's case was embarrassingly "scuttled" by its own witness, a senior FWC member has found that Ausgrid failed to inform four safety specialists during job interviews that they wouldn't be receiving an allowance due to them under the relevant agreement.

Court decision chips at unions' liability for officials' breaches

A Federal Court judge has upended the recently-adopted precept that unions are vicariously responsible for entry breaches by officials under the Fair Work Act's 'liabilities of bodies corporate' clause, declaring that a close examination of related cases reveals no support for the contention.

Bench absolves member of blame for "bullied" employee's distress

In a decision underlining the challenges for the Commission in managing vulnerable self-represented employees in its bullying jurisdiction, a full bench has rejected an employee's claim that a tribunal member's procedures were responsible for her mental distress.

Full bench authority on inherent requirements "plainly wrong": Ross

An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".

Ministerial s-x ban has no place in private sector, says IR expert

As independent federal MP Cathy McGowan vows to push for a new ministerial sex ban to be extended to all those working in Parliament, an IR lawyer says the approach has little practical use in the private sector where the focus is on disclosure.


Career down the toilet after unauthorised absences

The FWC has upheld Bluescope Steel's sacking of a long-serving employee for his "appalling" timekeeping, but has found the company didn't have enough evidence to establish that he defecated in the workplace shower.

FWC ruling underlines importance of proper drug testing processes

The FWC has highlighted the additional credibility provided when employers test for drugs in accordance with the Australian Standard, in upholding a multinational mining company's sacking of a marijuana smoker who breached its zero tolerance policy.

Chronic marijuana-user posed "catastrophic" safety risk

A senior FWC member has upheld the sacking of an underground mineworker who tested positive for THC and continued to have elevated levels of the drug in his system 22 days later, finding it the "only course of action open" to the employer.