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HR team "should have known better": FWC bench

A FWC full bench has slammed a public health provider's HR team for its "inappropriate" response to queries about late payment of 'nauseous work' and education allowances for an estimated 220 employees, concluding that the delay amounted to an underpayment capable of attracting a penalty.

Compensation for worker sacked after big night out

An employer had insufficient evidence to support its sacking of a manager who consumed up to 15 standard drinks the day and evening before his 7am start, the FWC has ruled.

Employers mount challenge to US ban on non-competes

The US Federal Trade Commission has published a final rule change that imposes a nationwide ban on non-compete clauses, adding international impetus to the growing push by the Albanese Government to end them here.

"Bullying", "gaslighting" claims defamed me: Professor

The Federal Court has given a media company until next month to change its defence against an article that allegedly carries the defamatory imputation that a university professor created or fostered a toxic workplace culture of bullying and fear.

CFMEU did not threaten workers over strike vote: FWC

A construction company has failed in its bid to stop potential strikes amid claims of union interference in the protected action ballot process, the FWC pointing out that it cannot make orders preventing industrial action yet to be endorsed or notified.

Early move to "sever" fixed term contract a dismissal: FWC

A training officer employed on a fixed term contract can proceed with his adverse action case against a volunteer rescue organisation after the FWC accepted that it sacked him when it told him two weeks before its expiry that it would not be renewed.

Dropping claim "at 11th hour" not a good look: Judge

A judge has warned the FWO of a possible "perception" it failed to comply with its model litigant obligations after dropping the "most serious" claim of threatening behaviour from a CFMEU right of entry case as part of a liability deal.

Court backs FWC role in case that led to HR manager referral

In a significant judgment on the FWC's powers, a full Federal Court has today dismissed a major hospitality group's claim that a Commission bench exhibited bias when it voiced its concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.

Lowest award rate to be purely transitional: FWC bench

A FWC full bench has made a provisional ruling in favour of ensuring the lowest pay classification in modern awards is used only for a short period of induction and training, making the second lowest rate the benchmark for continuing employment.

"Consensus" on half-pay annual leave: FWC

Unions and employers have flagged support for permitting award-covered employees to extend their annual leave by taking it at half pay, in what might be the sole area of consensus arising from the work and care tranche of the FWC's modern awards review, but they are yet to agree on "safeguards".