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Dragline not the right place for discussions, says FWC

The CFMEU is considering whether to appeal after it was refused permission to hold talks in a BHP Coal mine's dragline crib rooms because it was a "functional work area", rather than a meal or break area.


Train driver sacked for safety breaches gets job back

Pacific National has been ordered to reinstate a train driver, after the FWC uncovered flaws in its investigation before it sacked him for speeding and leaving his co-driver behind while she took a trackside toilet break.

Unfair dismissal round-up: Morning sickness justifies extending time; and more

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.

Lingerie store breaches adverse action laws

A lingerie store manager allegedly labelled a "sl-t" after refusing the s-xual advances of a director at a work function was exposed to unlawful adverse action when the company refused to re-employ her, the Federal Circuit Court has found.

Bench reserves on Coles Supermarkets appeal

An FWC full bench today reserved its decision on a challenge to the approval of the Coles/Bi-Lo supermarkets agreement, after hearing that up to 50,000 employees of could be financially disadvantaged under the deal, which covers more than 77,000 workers.

Bench rejects FWBC challenge to CFMEU leader's entry permit

An FWC full bench has upheld a decision to grant an entry permit to CFMEU construction and general division Queensland branch secretary Michael Ravbar, and dismissed the FWBC’s arguments that he was vicariously liable for the behaviour of other union officials as "riddled with unsubstantiated hyperbole".

Court rules that adhering to retrenchment clause an "obligation"

A full Federal Court majority has today found that a passively-worded redundancy clause in a university's enterprise agreement imposes firm obligations on it to exhaust other options before proceeding with compulsory redundancies.

Accountant fails to overturn restraint clause

An accountant, who agreed to sell his practice and its services over a four-year period will continue to be restricted from practising, after an appeal court rejected his argument that restraints of trade no longer applied.

Full court backs disability payments

A full bench of the federal court has confirmed that terms in modern awards that provide allowances for hardships experienced by employees working in certain remote locations are not extinguished by the Fair Work Act.