The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.
The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.
A wood mill operator does not have to pay its former workforce for a five-week stand-down period after an FWC full bench confirmed that the time lost was due to damaged machinery, rather than the bushfires that rendered it inoperative in the first place.
In a significant decision on the scope of agreements, an FWC full bench has quashed the approval of a deal measured exclusively against the manufacturing award, despite coverage extending to cryogenic insulators and concreters.
A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.
An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.
A self-represented adverse action applicant will be able to submit an amended statement of claim following a full Federal Court finding that he was last year denied a fair hearing by an "aggressive, rude and overbearing" judge.
The ANZ Bank has failed to overturn a decision blocking it from relocating an arthritic 68-year-old teller to a more distant branch, an FWC full bench finding that the issues raised were too narrow to enliven the public interest.
A large employer has failed in its bid to have the FWC revisit what constitutes "significant harm" to third parties when considering halting protected industrial action, a full bench finding that the application lacked utility as the strikes concerned had long since ended.
The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.
