DP World is free to resume urine testing under its national drug and alcohol policy after a five-member Fair Work Commission full bench yesterday upheld its challenge to a deputy president's ruling that its enterprise agreements excluded the method.
The Fair Work Commission has rejected a second attempt by electricity distributor Essential Energy to move some managers and senior technical employees from an enterprise agreement to individual contracts, ruling that the "common understanding" of the agreement's coverage clause overrides its literal meaning.
The Fair Work Commission has held that a Victorian water authority made a "further claim" that contravened its enterprise agreement when it removed a policy providing for employees' personal use of its cars.
Toyota's best chance of overturning last year's ruling that stopped its employees voting on the company's proposed changes to its Altona enterprise agreement appear to rest with its argument that the "no extra claims" clause in the deal is directly inconsistent with the Fair Work Act, after other appeal grounds fell away in argument before the full Federal Court yesterday.
Australia Post acted harshly in disciplining two employees who had solid OHS reasons for refusing to work additional overtime, but was entitled to transfer their union delegate for his aggressive reaction to the sanctions, the Fair Work Commission has found.
The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.
The Federal Court has overturned a ruling by the Federal Circuit Court that paint manufacturer Wattyl did not breach its enterprise agreement when it directed employees to take annual leave during a production scale-down in 2012.
