A FWC full bench has thwarted a multinational company's attempt to end to a 30-year practice of maintenance workers banking two hours' leave a week in lieu of pay rises, finding a member wrongly concluded the arrangement could be changed when its agreement reached its nominal expiry date.
A judge has drawn a firm distinction between employment and commercial class actions in slashing almost $2 million from a litigation funder's share of a $20 million settlement resolving "sham contracting" allegations.
The FWC has upheld the sacking of a supervisor summarily dismissed for disobeying a reasonable direction when he allowed his team to drink alcohol while celebrating the completion of a major project.
The ETU has confirmed that it will challenge a Federal Court ruling that "neuters" unions' rights to enter workplaces to organise workers through a restrictive interpretation of provisions allowing access for "discussions" with employees.
The FWC has approved a company's transfer of employees to a newly purchased entity, to remove any connection to an associated entity embroiled in fraud and corruption and the risk of "brand damage".
Union officials can't use their right to enter premises for discussions with members to gather signatures on petitions or "secure a commitment to a particular course of action in the future", the Federal Court has found, ruling in favour of an employer that blocked access for an organiser who sought workers' backing for a majority support determination.
A court has fined the director of a Japanese restaurant almost $25,000 after finding that he "reverse engineered" pay records provided to the FWO and asked a shortchanged employee not to "sell me out".
A HR manager facing potential criminal charges has before a FWC bench refused to answer nearly 100 questions seeking to establish whether he lied on the application form for a contentious agreement that provides for employees to work "voluntary" additional hours without penalty rates.
A senior FWC member has thrown out an airline catering worker's dismissal dispute after finding a psychologist's assessment that a scheduled telephone hearing should be postponed due to his mental health did not warrant an adjournment.
The ANMF has won an interlocutory injunction stopping a hospital from dismissing a nurse over a health-related exemption from night shifts while she seeks to establish it is a reasonable adjustment or flexible work arrangement and that night work is not an inherent requirement of the job.
