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 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.
Workers on "outer limits" fixed-term contracts and long-term casuals have been given more latitude to pursue unfair dismissal claims after an FWC full bench decision that brings the accepted precedent on employer-initiated terminations into line with Fair Work Act provisions.
The High Court has directed an FWC full bench to re-determine whether a controversial Aldi agreement for a new distribution centre passes the better off overall test, but it has agreed with the retailer that deals covering new enterprises can extend to employees yet to work there.
The NSW Court of Appeal has reserved judgment on the PSA's challenge to a record $84,000 fine for contravening court orders and pressing ahead with a Valentine's Day strike in protest at the State Government's plans to privatise disability support work.
The High Court has refused to grant special leave to appeal a full Federal Court finding that a CFMEU official needed a federal entry permit to assist a health and safety representative when he was invited onto a construction site under Victorian OHS laws.
The CFMEU says it is confident in its challenge to an agreement Thiess struck with three maintenance workers prior to securing a major mining contract, after a full Federal Court remitted the employer's appeal on the basis that an FWC full bench wrongly denied the union "the fruits of its victory".
The High Court will next Friday hear special leave applications from WorkSafe Victoria and a CFMEU official who are challenging a full Federal Court finding that he needed a federal entry permit to assist a health and safety representative when invited onto a construction site.
An FWC member denied a sacked worker an opportunity to re-open his case when she failed to forward to him a crucial psychologist's report her chambers received hours after the hearing concluded, a full bench has found.
A rail employee denied reinstatement in part as a result of post-dismissal Facebook posts calling his employer a "bastard" and "criminal with stars" will have another shot at challenging his sacking, after a NSW court of appeal found the state IRC exceeded its powers.
