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Employer ordered to reinstate worker after adverse action

A union delegate will be reinstated after the Federal Court ruled that his employer engaged in adverse action when it targeted him for retrenchment and failed to genuinely consult with the union and employees or adhere to the agreement's redundancy provisions.


Pre-trial deficiencies "commonplace" in adverse action claims: Judge

The Federal Court has rejected a major external service provider's bid for costs stemming from a failed adverse action and breach of contract claim, in a ruling that canvasses the "commonplace" difficulties parties can face when preparing for trial.

Circuit Court questions FWBC building company prosecution

The Federal Circuit Court has questioned why the FWBC chose not to prosecute the director of a phoenixed bricklaying company that failed to pay correct pay and entitlements to several "daily hire" workers.

Boral entitled to present evidence on the extent of its losses

Boral Resources has had an early win in its court battle with the CFMEU over damages caused by concrete bans, with the Victorian Supreme Court overruling objections from the union, and allowing the company to plead a wide range of evidence on the losses it suffered.

ANZ seeks to end agreement for top-tier staff

The FWC has granted the ANZ Bank access to a document detailing how many members the FSU has in each classification of its enterprise agreement, with the bank now expected to seek to remove higher classifications from agreement and award coverage.

Court ruling overturns Bechtel ban on protest attendance

A workplace ban on employees accessing leave to participate in a union-led rally on Monday has been overturned, on an interlocutory basis, by the Federal Circuit Court, after it accepted the ETU's argument that the move breached workers' general protections.

Big penalty against MUA for "scab" posters

Five waterfront workers have been awarded a total of $120,000 in compensation for the emotional distress they suffered after the MUA named them in "scab posters" that had them fearing for their safety.