A labour hire company is appealing the quashing of a two-year-old agreement covering more than 1000 mine services workers after it was found to have been inadequately explained to the three workers who agreed it.
Two employees have had to forego more than $9000 in redundancy entitlements after the FWC accepted a financially-distressed employer could not meet the cost of liquidating his business in order to qualify for the federal government's Fair Entitlements Guarantee scheme.
The Federal Circuit Court should have let a dismissed employee correct the name of her employer in a general protections claim even though it was wrong on the FWC's s368 certificate, the Federal Court has ruled.
An FWC full bench's decision to refuse an employer's appeal might have involved a significant procedural error, but a senior member's "terse" exchange with the company's counsel did not support a charge of bias, a court has found.
The AWU is seeking access to documents on the "political purpose" of the Registered Organisations Commission's decision to investigate past donations by the union, the Federal Court has heard.
An FWC full bench has quashed a finding that the terms of CSL's agreement did not empower the Commission to resolve a dispute about the payment of shift penalties, holding that the deal does not stop the employer moving from an averaging system to a "time worked" regime.
The FWC has opened the way for an on-hire casual employee to challenge his dismissal, after rejecting a labour hire company's jurisdictional objection that he could have no reasonable expectation of continuing employment, or was engaged for a specified task which came to an end.
In the first appeal against a Registered Organisations Commission decision, an FWC full bench has quashed the watchdog's refusal to grant a union more time to submit election information and observed that its approach to defending the case could imply "a lack of impartiality".
The ramifications of recent legislative changes requiring employers to disprove employees' records of hours worked in wage claim cases have been spelt out in a court decision imposing penalties of more than $120,000 on a company and its director for underpaying an apprentice.
The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.