A labour hire company is appealing the quashing of a two-year-old agreement covering more than 1000 mine services workers after it was found to have been inadequately explained to the three workers who agreed it.
The Federal Circuit Court should have let a dismissed employee correct the name of her employer in a general protections claim even though it was wrong on the FWC's s368 certificate, the Federal Court has ruled.
An FWC full bench's decision to refuse an employer's appeal might have involved a significant procedural error, but a senior member's "terse" exchange with the company's counsel did not support a charge of bias, a court has found.
In the first appeal against a Registered Organisations Commission decision, an FWC full bench has quashed the watchdog's refusal to grant a union more time to submit election information and observed that its approach to defending the case could imply "a lack of impartiality".
The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.
Workers on "outer limits" fixed-term contracts and long-term casuals have been given more latitude to pursue unfair dismissal claims after an FWC full bench decision that brings the accepted precedent on employer-initiated terminations into line with Fair Work Act provisions.
The High Court has directed an FWC full bench to re-determine whether a controversial Aldi agreement for a new distribution centre passes the better off overall test, but it has agreed with the retailer that deals covering new enterprises can extend to employees yet to work there.
The NSW Court of Appeal has reserved judgment on the PSA's challenge to a record $84,000 fine for contravening court orders and pressing ahead with a Valentine's Day strike in protest at the State Government's plans to privatise disability support work.
The High Court has refused to grant special leave to appeal a full Federal Court finding that a CFMEU official needed a federal entry permit to assist a health and safety representative when he was invited onto a construction site under Victorian OHS laws.
The CFMEU says it is confident in its challenge to an agreement Thiess struck with three maintenance workers prior to securing a major mining contract, after a full Federal Court remitted the employer's appeal on the basis that an FWC full bench wrongly denied the union "the fruits of its victory".
