The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.
The FWO has launched a challenge to last month's Federal Court order for the MUA to pay a $38,000 fine for a single contravention of the prohibition on unlawful strikes, when the watchdog was seeking $3.6 million for what it says was more than 500 breaches during industrial action against stevedore Hutchison Ports.
An order requiring the NTEU to give a university more than the statutory three days' notice of protected industrial action has been quashed by an FWC full bench that found a tribunal member wrongly presupposed that any such action would be suspended by the Commission if it interfered with student exams or graduation.
A court has imposed a $71,000 costs order on an HR manager who took a "scattergun" approach to challenging her dismissal, but has stopped short of imposing a similar order on her high-profile Sydney barrister, despite criticising his role in the case.
In a significant decision on entry rights, a Federal Court full bench has confirmed today that a permit holder's right to hold discussions with union members or potential members during "breaks" does not include the period before and after their shifts.
The FWC has quashed an agreement approved on the basis of a HR manager's fabricated statutory declaration, and has asked general manager Bernadette O'Neill to consider referring the matter to the Federal Police.
A five-member FWC full bench has quashed the approval of a small construction company's enterprise agreement, after CFMMEU modelling suggested it left workers up to $575 a week worse off than the award, but the Commission has cited the types of undertakings that might get it across the line.
The pitfalls of self-representation have been highlighted by an FWC full bench that found it would be "futile" to hear a former chief executive's anti-bullying case because his notice of appeal "expressly" indicated he was seeking an unnecessary order.
An FWC full bench has made a significant decision on what constitutes new activity when making greenfields agreements, after the CFMMEU described the deal as a "a cynical, industrially incorrigible and flawed attempt to bypass bargaining with its employees and their union of choice".
