Another High Court case on the Fair Work Act's protections for employees engaged in union activity might not be far away, according to a leading IR academic, after the CFMEU's appeal against the Federal Court's BHP Coal "scab-sign" ruling was this morning rejected by a 3-2 majority.
RMIT honorary professor and long-serving IR academic Breen Creighton says Australian labour law legislation has been characterised by knee-jerk responses to non-existent problems, a lack of willingness to allow existing laws to deal with issues, and "political opportunism", which explains why the major statute had been amended five times a year on average since 2009.
A High Court majority has dismissed the CFMEU's appeal against the Federal Court's decision that BHP Coal did not take adverse action when it dismissed a union delegate when he waved an "anti-scab" sign on a union picket.
Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.
The ACTU is close to finalising alcohol and other drug guidelines that support oral testing rather than the urine sampling regime favoured by some employers.
A hotel management company that took unlawful adverse action when it stopped giving shifts to a casual bartender who complained of being underpaid has been ordered to pay $11,000 compensation, including a sum for distress, hurt, and humiliation.
The MUA has given notice of five consecutive 24-hour stoppages at the Dampier supply base operated by Mermaid Marine Australia, starting from Wednesday.
The ACTU says unions will restart their campaign against James Hardie if it fails to top-up the compensation scheme for sufferers of asbestos-related diseases.
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.
