A BHP subsidiary has been hit with a slew of bargaining orders after an FWC presidential member found it repeatedly shifted the goalposts over two years to delay making an agreement with coal mine supervisors.
The FWC has ordered an aged care provider to restore leave days to employees it directed to stay away from work over COVID-19 transmission fears, observing "it's just the right thing to do".
An FWC bench has stopped short of overturning the four-month-old approval of a deal but ordered the employer to produce documents previously sought by a union strenuously opposed to it.
The High Court will next month hear robo-stevedore VICT's bid for a finding that MUA delegate Richard Lunt committed an abuse of process when he acted as the "front man" for the union's bid to overturn an enterprise agreement.
The FWC has found "persuasive" the High Court's reliance in Mondelez on ordinary hours to calculate entitlements, dumping a union's attempt to win more annual leave for council waste and recycling workers.
After revoking a finding that a worker was entitled to carer's leave as his mother could not look after his children due to COVID-19 concerns, the FWC has found he met the bar for only one day and can "split the different" on repaying the rest.
The FWC has expressed scepticism in refusing to approve an agreement made with only one employee, rejecting a later claim that the company's director would also be covered.
In holding that Qantas need not include prior service with related entities or casual employment when calculating flight attendants' redundancy entitlements, a senior FWC member has accused the FAAA of "cherry picking" to try to prove otherwise.
The Federal Court has held that a deal struck outside of an enterprise agreement cannot alter the FWC's jurisdiction to arbitrate, and nor do workers need to re-start dispute processes when a new agreement is approved.
The CFMMEU's mining and energy division has stepped up its push for BHP Billiton to negotiate enterprise agreements at its two in-house labour hire companies, giving notice it wants to formally initiate bargaining.
