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Union fears agreement ruling might create loophole

A proposed agreement struck with three maintenance workers prior to securing a major mining contract is back on the table after an FWC full bench overturned its rejection, finding its terms only required workers to perform preparatory duties in connection with the project to be covered by it.


Harden up: Bench splits over phased return to work

An FWC full bench majority has thrown out a a company's challenge to a decision requiring it to reinstate an injured worker to his previous role and ensure he receives "work hardening".

CFMEU's "power" play fails to impress court as $540,000 in fines stand

A full Federal Court has described as "astounding" a CFMEU argument that it should not be held liable for organisers' unauthorised entries to building sites because the alleged contraventions should be viewed as an exercise of "power", rather than of a "right" defined by the Fair Work Act.


Bench rejects UFU bid to suppress Facebook dispute

An FWC full bench has lifted confidentiality orders on a fiery dispute between the UFU and Melbourne's Metropolitan Fire Board over a firefighter's allegedly offensive Facebook comments, finding that parties to the dispute must accept the consequences of open justice regardless of any embarrassment that might ensue.

Discrimination case turns on voiced concerns, not "state of mind": Bench

As the Crown continues its pursuit of a Victorian employer charged with discriminating against employees who raised safety issues, Victoria's Court of Appeal has found that, as a question of law, it must prove only that the concerns were expressed rather than address the workers' "state of mind" at the time.

Come back with a lawyer, says Federal Court

The Federal Court has refused an application by a company to be represented by its operations manager rather than a lawyer, ruling that the manager lacked "the necessary degree of objectivity and skill" required to conduct the case.

"Evaporation" of trust scuttles prospect of reinstatement: Bench

A Western Australia court of appeal has rejected the RTBU's bid to reinstate a transit officer sacked for making false allegations against her supervisor, confirming it would be "impracticable" for the employer-employee relationship to continue given the absence of trust between the parties.

Union hails "no names" ruling

An FWC full bench has confirmed that unions can file disputes in their own names without having to identify the employees involved.