A judge in declining to recuse himself from hearing a dismissal case has taken a young self-represented lawyer to task for his "selective" transcription of a court hearing to argue bias.
A senior FWC member has highlighted continuing difficulties faced by unrepresented applicants in distinguishing between the unfair dismissal and general protections jurisdictions, allowing a casual worker's claim to proceed despite him filing it a week late.
Three unions have won court approval to argue that the IR manager of a major service provider should be held accessorially liable for alleged underpayment of workers at Esso's onshore and offshore Bass Strait sites.
The Jobs Department has told a Senate Estimates hearing that it met with labour hire company Workpac following the full Federal Court's crucial casual leave decision in Skene, but that it hasn't drafted a Bill to address the ruling.
IR Minister Kelly O'Dwyer is intervening in Workpac's bid to block a casual from winning leave entitlements or to "off-set" his claims with loading and flat rates already paid, while the CFMMEU says it will also seek to intervene to protect principles established in Skene.
Employer groups have stepped up pressure on the Morrison Government to prevent casual workers "double dipping" by claiming annual leave on top of 25% pay loading in the wake of a crucial decision by the Full Federal Court last month.
In a decision closely examining the circumstances under which casuals satisfy minimum employment periods, the FWC has found a solicitor's admission that he didn't prepare well for a competitive hiring process contributed to leaving him one month short of being protected from unfair dismissal.
The Full Federal Court has dismissed an employer's attempted challenge to an arbitrated decision by the FWC, finding that an enterprise agreement at Victoria's Yallourn power station and coal mine provided for "final and binding" dispute resolution.
Employers are warning of "massive liability" and instability for all who engage casuals and unions say it could be harder to use labour hire to "drive down costs", after a full Federal Court upheld a finding that a labour hire casual was in fact an employee entitled to annual leave payments.
The Fair Work Commission has rejected a push to give employers more scope to refuse requests by casual workers to convert to full-time and part-time work.
