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Start-up agreement coverage "fair" but fails BOOT

There is nothing inherently wrong with a "start up" business making with a small group of workers an enterprise agreement that will later cover a much larger number and a wider range of jobs, but it will need to pass the "better off overall test" for those future employees as well as the existing ones, a FWC full bench has confirmed.

TWU seeking scope order at Coles Supermarkets

Coles Supermarkets, which is in the midst of bargaining for a new agreement, is expected to oppose a TWU bid in the FWC next week to gain orders to force the retailer to make a separate national agreement for a group of workers in its Coles Online business.

Court relies on s-xual assault laws in sham contracting case

The Federal Circuit Court has drawn a link between s-xual assault laws and the Fair Work Act's sham contracting prohibitions in finding that a floor repairing business was not "reckless" as to whether five of its independent contractors were actually employees.

Summary dismissal in the eye of the beholder: Court

The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.

Bench to rule on reach of bullying regime

A high-level FWC full bench will decide what constitutes being "at work" under the Fair Work Act's bullying regime after hearing argument this morning from three DP World workers, the company, the MUA, ACCI and the AiG.

AIER calls for wider PC review

The Australian Institute of Employment Rights says the pending Productivity Commission review of the Fair Work laws risks being a narrow, market-oriented exercise if its terms of reference do not embrace international human rights and labour standards, in a discussion paper released today.

FWC finds irony in football club's tattoo policy

The Fair Work Commission has warned the Dapto Leagues Club it might encounter difficulties enforcing its new policy against employee lip piercings or visible body art, noting the irony of its approach given "a majority of professional footballers" are "covered in tattoos".



Company should have called in HR, says FWC

A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.