A court has limited to about $100,000 the fines it has imposed on an underpaying, now-shuttered labour hire company after accepting that it unintentionally broke the law and that its embarrassed founder is "appropriately remorseful".
The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.
Workers s-xually harassed before the Secure Jobs, Better Pay changes came into effect in March will have to choose whether to omit complaints for conduct that occurred before that time to use the new provisions, or "make a potentially less advantageous application" using the old provisions, according to an employment law expert.
In an early test of Secure Jobs changes that outlaw pay secrecy mandates, a former casual sales assistant at a landmark Melbourne bookshop has begun legal action in the Federal Circuit Court, alleging it no longer offered her shifts after she disclosed a pay rise and backpay to her fellow workers.
The FWC has refused to suspend engineers' industrial action at a Virgin Australia subsidiary while their employer pursues an intractable bargaining declaration, in an early test of the new Secure Jobs provision.
In a decision highlighting the difficulties that can arise from agreement clauses linked to awards and the NES, the FWC has handed back Simplot workers' arbitration rights for casual conversion disputes but removed mention of their entitlement to access permanency after nine months.
Tugboat operator Svitzer has been ordered to extend a rating's fixed-term contract after the FWC speculated that his senior role at the MUA was the real reason he was the only member of his crew not offered continuing employment.