Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.
The High Court will decide whether a worker who received entitlements from an abattoir as a result of Fair Work Ombudsman proceedings was barred from making separate injury claims.
The High Court will today hear the CFMEU's argument that Boral can't use court discovery processes to force the union to produce documents that might expose it to punishment for contempt for allegedly defying injunctions on Victoria's Regional Rail project.
A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.
Employers are likely to rely more heavily on zero tolerance drug and alcohol policies to discipline or dismiss employees, even when there is no evidence of impairment, after an important full Federal Court ruling yesterday.
A Federal Court full bench has today ruled that the Fair Work Commission was entitled to approve enterprise agreements covering three private hospitals, even though their agent made and signed them without "actual" authority.
The Federal Court has upheld the quashing of a controversial meat industry enterprise agreement, despite its view that a FWC full bench might have made mistakes in overturning a single member's decision to approve it.
The Federal Government has told the High Court that the Queensland Government's argument against a union challenge to legislation removing Queensland Rail workers from the federal IR system would thwart the operation of the Constitution's corporations power.
The Fair Work Commission adjourned its inquiry into HSU Victorian No 1 branch entry permit applications this morning after branch general manager Kimberley Kitching indicated she would seek an urgent Federal Court order to compel the tribunal to rule on her argument that it has no jurisdiction to conduct the review.