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Bench rejects union's adverse action case against BHP Coal

A full Federal Court has upheld a procedural decision to strike out an amended statement of claim in dismissing CFMEU's appeal alleging BHP Coal took adverse action against miners when it engaged a contractor with a cheaper workforce.

Ross refuses to refer agreement termination "test case" to bench

FWC President Iain Ross has refused the NTEU's bid for a full bench to hear Murdoch University's request to terminate its enterprise agreement, which the union claims is a "test case" that will affect up to 20,000 Western Australian higher education employees.

Costs security order imposed on advocate aggrieved by Heerey report

The Federal Court has imposed a $10,000 security of costs order on an industrial advocate who is challenging its refusal to quash alleged adverse findings against her in the Heerey report on the conduct of former FWC Vice President Michael Lawler. Meanwhile, former Howard Government Workplace Relations Minister Peter Reith has been admitted to hospital after a "serious medical emergency".

Tribunal upholds sacking of wharfie who called Corrigan a pig

The FWC has ruled that logistics company Qube was justified in sacking a veteran wharfie who lied about damaging property and described the company's chair, waterfront warrior Chris Corrigan, as a "pig" on Facebook.

Union opposing requirement to name members in dispute

The RTBU is challenging the FWC's refusal to determine a dispute over a proposed restructure by Pacific National, claiming a "burdensome requirement" to name individual members involved threatens to "corrode" union power.

Dispute pushed worker beyond qualifying period

The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.


Aldi wins special leave to challenge FWC's rejection of agreement

The High Court has granted retailer Aldi's application for special leave to appeal a full Federal Court decision that knocked out a controversial agreement but has rejected a bid to challenge a Victorian court's decision to award a chief information officer more than $477,000 in damages.

Extended undertaking saves agreement termination for Loy Yang

An FWC full bench has refused to overturn the termination of the agreement for the Loy Yang power station and coal mine, after it accepted that the company's commitment to extend employment protections to three years compensated for an error in the initial tribunal ruling.

Leave entitlements on public holidays not sacrosanct: Bench

A full Federal Court majority has clarified that employers can deduct employees' annual and personal/carer's leave that falls on public holidays if the employee is covered by an enterprise agreement that provides more generous entitlements than the NES.