An employer that made seven of its employees redundant without properly considering "job swaps" with others breached its statutory obligation to explore redeployment options, an FWC full bench has found.
The FWC has stayed the termination of the enterprise agreement for the Loy Yang power station and coal mine, conditional on CFMEU members refraining from taking any further industrial action until the appeal is decided.
It would have been preferable for an FWC member to have provided brief reasons for refusing to hear a non-party union's arguments against approval of an enterprise agreement, and she should have acceded to its request for access to the employer's statutory declarations, a full bench has found.
The Federal Court has awarded a ship's officer $100 in nominal damages for her employer's breach of her employment contract, finding it could not have foreseen that its flawed investigation of allegations she was bullied by her captain would lead her to stop working in the maritime industry altogether.
The CFMEU has been granted access to documents supporting prospective agreements between the AWU and a major labour supplier after expressing concern that the deals negotiated by its fellow union failed the BOOT.
More than 50 construction workers are facing penalties after the Federal Court found they took unlawful strike action when they attended a CFMEU rally at a Perth children's hospital construction site in 2013, but the union says the case is a complete "farce".
An Australia Post employee who two decades ago won the support of then shadow IR minister John Howard in postal union elections has failed to win his job back after an FWC full bench rejected his appeal.
An FWC presidential member has found that despite some "prevailing contemporary opinion to the contrary" it is "illogical" to review employees' rosters or individual circumstances when assessing whether an agreement passes the BOOT.
A full Federal Court has reserved its decision on the SDA's attempt to overturn an Aldi enterprise deal, in a case likely to have ramifications for hundreds of existing agreements.
