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Bench rejects employer's bid to review strike suspension powers

A large employer has failed in its bid to have the FWC revisit what constitutes "significant harm" to third parties when considering halting protected industrial action, a full bench finding that the application lacked utility as the strikes concerned had long since ended.

Court rejects $120K overtime claim based on "merged" jobs

A council employee who worked back-to-back shifts alternating as a fitness instructor and customer service officer at a health centre has failed to establish an overtime claim based on cumulative hours when both jobs "merged".


Deal approved despite FWC's own BOOT concerns: Bench

The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.

Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.

Full court rules on leave test case

A full Federal Court has ruled today that a pair of 12-hour shift workers at a Cadbury chocolate factory are entitled to 10 calendar days of paid personal/carer's leave, rather than a lesser amount argued by their employer and the Federal IR Minister.

Employer's approach didn't discourage union involvement: FWC

An employer's advice to workers ahead of bargaining that they would be out of a job and in labour hire if the CEPU negotiated a new deal was "forceful" but adequately presented them with a choice of a union or non-union agreement, the FWC has held.


Too stressed to work after "political" rally

Defending ABCC claims against more than 50 steelworkers and two AWU organisers accused of encouraging them to strike, the union has told a court they attended a "political" Change the Rules rally before stopping work for OHS reasons as they were stressed about their employer's response.

Blind worker settles wage-calculation challenge

A disability employment services provider has reached an undisclosed settlement with a legally-blind worker in the Federal Court after he challenged the fairness of an assessment tool used to set his wage.