In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.
BHP's attempt to win approval of two enterprise deals to entrench an in-house labour hire company that now employs more than 2000 workers across its mining operations has been dealt a major blow by an FWC full bench majority, which has ruled that its failure to properly explain pay arrangements meant the workforce did not genuinely agree.
A union legal officer's mea culpa over unread emails has not been enough to salvage a late appeal against an agreement, after an FWC full bench found it did not excuse such a "sophisticated" organisation failing to identify that the contentious deal had won approval.
An FWC full bench has rejected TWU and RTBU appeals to a rule change decision allowing the latter union to continue representing members transferred to privatised bus services but which it claims will not insulate it from "corporate manoeuvring".
A Full Federal Court has in rejecting a big employer's appeal of two rulings affirmed that a worker's reasonable expectation of ongoing employment helps determine their entitlement to redundancy payments.
A-G's department investigating new Heydon allegations; ROC concludes HSU investigation; Full court begins hearing ROC appeal against AWU ruling; and Extend JobKeeper, says Grattan.
In a significant judgment examining the interplay between employment relationships and employment contracts, the Federal Court has dismissed a major employer's appeal against a ruling it owed a cleaner redundancy pay after reducing her hours from full to part-time.
Labour hire company Workpac has sought special leave to appeal to the High Court last month's momentous Rossato decision paving the way for casuals to claim leave entitlements, a ruling employers now estimate could expose them to more than $14 billion in back-pay.
In a significant decision on agreement-making, an FWC full bench has clarified that the tribunal must reject any undertakings that have a "transformative" effect such that they could have affected workers' votes.
James Cook University has told a full Federal Court that academics must abide by its code of conduct when exercising intellectual freedoms, as it challenges a finding it unlawfully sacked a professor for criticising prominent climate research.