A full Federal Court has quashed the approval of an allegedly substandard security services agreement and sent it back to the FWC, finding a full bench failed to properly formalise its ruling and to consider United Voice claims that it didn't pass the BOOT.
Qube Ports did not take adverse action against an employee it sacked for refusing to work at a higher classification, because under its enterprise agreement it could make that direction, a full Federal Court has found.
A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".
The MUA is challenging three recent FWC approvals of agreements that had been negotiated directly between large offshore services companies and small numbers of employees, including one in which a Commission member expressed "serious concerns about the authenticity of the bargaining process".
In a novel ruling, an FWC full bench has ruled that an on-hire worker no longer had the capacity to perform his job once a labour hire provider acceded to a host employer's demand to end his placement.
An FWC full bench majority has upheld a decision to refuse a CFMEU organiser an entry permit while noting that the union failed to take up an opportunity to propose conditions.
Employers calculating redundancy payments will have to count periods of regular and systematic casual employment before workers became permanent, after a Fair Work Commission majority ruling that a dissenting member warns could retrospectively bestow other entitlements such as annual leave.
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