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Manhattan cocktails sufficient reason for Qantas sacking

The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.

Casual work not included in redundancy calculations: Bench

Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.


Faulty FWC calculator sinks deal

A company that relied on an FWC online calculator to notify workers of a ballot has had the resulting agreement thrown out for failing to provide the statutory seven-day access period, prompting a senior Commission member to lament his inability to "overcome what is clearly a procedural failure".

CFMMEU pursues joint venture and others over alleged underpayments

The CFMMEU has begun Federal Court action that seeks to hold John Holland and CPB Contracting vicariously liable for subcontractors' alleged underpayment of wages and entitlements on Canberra's light rail project, with the union seeking to recover $700,000 and impose penalties.

No obligation to pay worker who lost licence: Bench

An FWC full bench has quashed a finding that BHP Coal should have kept paying or considered alternative duties for a mineworker while his driving licence was suspended, saying it would be tantamount to requiring an employer to excuse from duties but pay workers who turned up drunk.


ROC responds to apparent whistleblower tip-off

The Registered Organisations Commission is seeking information from the HSU's Victorian No 1 branch, in response to what is alleged to be a protected disclosure from a whistleblower.

Money-change business switched awards to cut penalties: FSU

The FSU has asked the Federal Court to rule that a global currency exchange company is covered by the banking, finance and insurance award, claiming it shifted to the retail award after the recent reduction in penalty rates.

Lawyers under supervision are employees, tribunal rules

A WA law firm will have to defend a restricted legal practitioner's underpayment and unfair dismissal claims after it failed to convince the state's IRC that he was an independent contractor, with the tribunal finding that only common law employees can be engaged in such roles.