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Full Federal Court weighs up Toyota "no extra claims" clause

Toyota's best chance of overturning last year's ruling that stopped its employees voting on the company's proposed changes to its Altona enterprise agreement appear to rest with its argument that the "no extra claims" clause in the deal is directly inconsistent with the Fair Work Act, after other appeal grounds fell away in argument before the full Federal Court yesterday.


FWC rules CFMEU record not a factor in entry permit bid

The Fair Work Commission has granted an entry permit to a CFMEU construction and general division organiser, rejecting the FWBC's argument that it was obliged to give weight to the union's poor record of compliance with industrial laws.

Bullying ruling should relieve employer fears, lawyers claim

A major law firm says the FWC's first ruling on the merits of a bullying application should calm employers' fears about the new jurisdiction, claiming that the tribunal has adopted "an extremely broad" interpretation of the exemption for reasonable management action.

BHPB says tug strife could damage national interest

BHP Billiton has stepped up pressure over a bargaining deadlock involving tug boat crews in Port Hedland, warning it is “actively pursuing” legal options to prevent industrial action.

Formulaic response to unlawful action means sacking unfair

The need for employers to consider the individual circumstances of employees taking industrial action before they institute disciplinary action has been demonstrated in a FWC finding that a company unfairly dismissed a crane driver who belatedly joined an unlawful stop-work meeting.

Minimum wage panel member denies conflict of interest

The ACTU's bid to remove former senior public servant Tony Cole from this year's annual wage review has failed, after he told the peak body in a consultation hearing this morning that he would not step down because he was not a party to the Audit Commission's recommendation to reduce the minimum wage.

FWC gives green light for sacking driver who ran a red

Pacific National was justified in sacking a long-serving train driver who was 120 seconds away from colliding with another train, after failing to see and respond to two signals, the Fair Work Commission has found.

Lawyers call for new curbs on protected action

A senior IR lawyer has told the HR Nicholls Society the Fair Work Act should be amended to ban protected industrial action that has serious consequences and to remove entirely the rights of high income earners to strike, in a presentation predicting the decline of the MUA's power and influence.