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Legislation says industrial action "did not happen": Bench

In a significant decision as to what constitutes industrial action, a full Federal Court has found that the legislative framework does not capture instances where a subcontractor's workers down tools with the support of their direct employer.


Workpac launches challenges to casuals rulings

Workpac is challenging an FWC order to reinstate a labour hire mineworker to her former position with the same BHP host employer that "demobilised" her, while it is also seeking in the Federal Court to stop another casual from claiming leave entitlements.



Aldi deal challenges divide bench

An FWC full bench majority has refused to let the SDA amend appeals of two Aldi agreements to challenge the retailer's use of the word "leader" instead of "employer" in notices of representative rights, holding that the union must wait until the outcome of a judicial review on the same issue.

"Nightmares" over sacking decision didn't explain late appeal: Bench

A sacked Flight Attendants Association manager has failed to convince an FWC full bench to grant a one-day extension to appeal on the basis she lacked legal expertise, had "nightmares" re-reading her case and was declared by an Ayurvedic practitioner to be experiencing stress.

Bench quick to dismiss rabbi's seven-year-late application

An FWC full bench has refused a rabbi leave to appeal a decision rejecting his third set of unfair dismissal proceedings against his past employer, on the basis it was seven years out of time and had no prospect of success.