The FWC has thrown out the ABCC's latest bid to block a high-profile CFMMEU leader from visiting worksites, warning that any future applications will need "actual evidence" that he controlled officials and failed to address their actions.
The CFMMEU has today challenged employer groups' standing to appeal the approval of its merger, arguing they are not sufficiently affected as they will be dealing with the same officials doing the same work to the same standards, only wearing different t-shirts.
Employer groups have failed in their bid to delay the March 27 CFMEU-MUA-TCFU amalgamation, but have taken solace from a senior FWC member's observation that their April 9 appeal to an FWC full bench "surmounts the fairly low bar of being arguable".
The Fair Work Commission has approved the merger of the CFMEU with the MUA and TCFU after rejecting employer arguments it should take account of the "significant" number of civil pecuniary proceedings penalty cases against them.
In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.
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.