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Construction manager's sacking on shaky foundations: Court

In what stands as a forensic analysis of disciplinary process failings, a judge in a near-300-page judgment has found that a construction giant took adverse action against a senior manager when it sacked him for allegedly intimidating property owners while partying during the 2020 bushfire recovery effort.

Federal Court full bench sets out redundancy rules

A full Federal Court has clarified the extent to which employers must investigate alternative roles for workers caught up in restructures, finding that a mining company had an obligation to assess whether employees could replace already-engaged contractors before making them redundant.

First SJSP cases might inform guidelines: Hatcher

The FWC is considering whether to provide a "generous opportunity" for organisations with a broader interest to participate in two MEU "same job, same pay" test cases that aim to lift the pay of Programmed and Workpac labour hire mine workers.

"Gov lawyer" claim to be investigated

A café owner penalised for ignoring a FWO compliance notice has been referred to a legal profession regulator after variously describing herself as a "Commonwealth public prosecutions Lawyer" and "Gov lawyer" in emails to a court.

Little room for "entrepreneurship" makes worker an employee: FWC

In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.

Employer resists compulsory conciliation double-up

An employer is opposing a CFMEU request to have the FWC hold a joint post-PABO compulsory conciliation conference relating to two separate deals for its workers on the Cross River Rail project in South-East Queensland.

Offshore gas workers' stand-downs largely justified: FWC

An employer supplying well workers for offshore gas operations in the Bass Strait was entitled to stand down most of them when Esso suspended their services during industrial action, but the FWC has made a preliminary finding that a small yet "significant" portion might have been unauthorised.

FWC laments "like it or lump it" extra hours scenario

The FWC has expressed dismay at a large aged care employer's "shift bidding" system in which it offers part-time workers extra hours only at ordinary pay, recommending instead that each employee get a chance to cap how many such shifts they are prepared to work without receiving overtime rates.

FWC puts bank's zombie deals in the vault

Union support has not proved enough for a clutch of CBA workers to have their zombie AWAs extended, after a FWC full bench accepted the bank's efforts to ameloriate any losses arising from transferring to its existing enterprise agreement.

$8K to worker sacked for getting "demonic" COVID-19 jab

A Newcastle-based church unfairly summarily dismissed a worker when it took the view that no-one vaccinated against COVID-19 could work for it because it viewed the inoculation as "the world's largest ever untested medical experiment", and retrospectively applied the policy to the worker without warning.