An FWC full bench has granted permission to appeal the sacking by resources giant FMG of an employee just one week into a six-week performance improvement plan (PIP), but has cautioned against interpreting its ruling as suggesting that employers must always see such processes through to the end.
The High Court has this morning refused a CFMEU bid for special leave to challenge a full Federal Court majority ruling that increased penalties twelve-fold after after accepting that it could not treat a "lawful request" or a party's motivation for taking coercive industrial action as a mitigating factor when determining fines.
The High Court has reserved judgment after this week hearing regional airline Rex's challenge to a union's entitlement to represent the industrial interests of eligible non-members as it pursues an adverse action claim on behalf of cadet pilots and prospective employees.
The High Court has reserved its decision on parallel appeals by Esso and the AWU questioning what constitutes a breach of bargaining orders and whether a breach during bargaining means future protected action is not possible.
In a case likely to have ramifications for hundreds of existing enterprise deals, the High Court has reserved its decision in Aldi's appeal against a decision knocking out a controversial agreement on the basis it was agreed by prospective employees not yet covered by it.
An inspector sacked by the ABCC for failing to disclose criminal and disciplinary proceedings when he was a police officer must pay $25,000 security to challenge a court's rejection of his bid for a judicial review.
The AAT has confirmed it has no flexibility to extend Fair Entitlement Guarantee deadlines, knocking back a claim lodged two days after the prescribed 12-month limit.
Any possibility of the FWC moving towards the UK employment tribunal's user-pays regime might have been stymied after its highest court found that recently-introduced fees for individuals of up to $2,000 prevented access to justice and were unlawful.
An FWC full bench has quashed an agreement struck with five Sigma Healthcare recruits, finding the NUW had been denied natural justice when the pharmaceuticals giant failed to provide it with its application for approval on the basis that the union had ceased to be a bargaining representative.
While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.
