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Judge declines recusal request as employer appeal dismissed

A full Federal Court has confirmed that 150 workers were entitled to be paid for the 20-minute bus ride to a major energy project's security gate at the end of each shift, after one of the judges rejected a request to recuse himself because he had acted for the employer during negotiations for the deal at the heart of the dispute.


Casuals' hours need not be predictable to be regular: Bench

An FWC full bench has emphasised that the pattern of a casual's hours need not be consistent or predictable for their work to be regular and systematic, clearing the way for a full-time worker first engaged as a casual to file an unfair dismissal claim.

Serial underpayer slugged $230K in first "serious contravention" case

The FWO has won its first "serious contravention" penalties three years after the provisions were added to the Fair Work Act, a café and its former general manager fined a total of $230,000 on their second visit to court for underpaying workers.

Wash-out for ABCC's unlawful strike case

The Federal Court has doused the construction watchdog's pursuit of one of the CFMMEU's national leaders for allegedly organising an illegal strike, finding construction workers were entitled to pass more than two showery days in a "smoko shed" under the award's inclement weather provisions.



Watchdog making limited use of new powers

The Fair Work Ombudsman has made scant use of new powers it won three years ago to conduct compulsory interviews and to prosecute franchisors to help to protect vulnerable workers.

Full court places limits on "industrial activity" in female toilet case

In a significant judgment closely examining the limits of "industrial activity", a full Federal Court led by Chief Justice James Allsop has overturned penalties imposed on two CFMMEU officials for leading a walk-out from a building site that had no separate toilet for a female worker.

High Court should find Lunt ruling brings justice into disrepute: VICT

Victoria International Container Terminal has asked the High Court to consider whether a full Federal Court brought the administration of justice into disrepute when it failed to find MUA organiser Richard Lunt a "front man" for the union's bid to quash the approval of the stevedore's enterprise agreement.