A full Federal Court has ruled today that a pair of 12-hour shift workers at a Cadbury chocolate factory are entitled to 10 calendar days of paid personal/carer's leave, rather than a lesser amount argued by their employer and the Federal IR Minister.
An employer's advice to workers ahead of bargaining that they would be out of a job and in labour hire if the CEPU negotiated a new deal was "forceful" but adequately presented them with a choice of a union or non-union agreement, the FWC has held.
An employer has been labelled "disingenuous" and a union told it could struggle to explain its interest to members in the "curious" case of employees not paid for work performed when they returned to their jobs before the end of a protected strike.
In a decision probing the practical application of natural justice and procedural fairness principles in a public transport provider's disciplinary process, the FWC has held that it fell short in concluding that a tram driver tried to "wilfully mislead" an investigation.
In another blow to stevedore DP World as it weathers a campaign of rolling strikes, an FWC full bench majority has upheld a ruling that it was not entitled to unilaterally end an income protection scheme for its container terminal employees.
A multinational company has won a rare stay on orders that it pay 173 former detention centre workers more than $130,000 in unpaid allowances, after the Federal Court found the union pushing their case had no record of their whereabouts.
A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.
An employer is not obliged to offer voluntary redundancies to workers who it will place in similar roles at the same pay when it reconfigures its product lines.
A worker's tardy pursuit of claimed underpayments under an old agreement has failed, the FWC agreeing with the employer that it lacked jurisdiction once a new deal was approved.
Employers with workers on annualised salaries have only to pay superannuation on standard hours at ordinary rates of pay, a full Federal Court led by Chief Justice James Allsop has ruled.
