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Deal approved despite FWC's own BOOT concerns: Bench

The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.

Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.

Full court rules on leave test case

A full Federal Court has ruled today that a pair of 12-hour shift workers at a Cadbury chocolate factory are entitled to 10 calendar days of paid personal/carer's leave, rather than a lesser amount argued by their employer and the Federal IR Minister.

Employer's approach didn't discourage union involvement: FWC

An employer's advice to workers ahead of bargaining that they would be out of a job and in labour hire if the CEPU negotiated a new deal was "forceful" but adequately presented them with a choice of a union or non-union agreement, the FWC has held.

Union lashed over delaying agreement approval

The CFMMEU has been lashed for its role in delaying the approval of a three-worker agreement replacing an expired deal, the FWC questioning whether it was pursuing an "agenda" rather than assisting the tribunal as required under the relevant legislative provisions.

FWC backs sacking of worker who told manager: "You're dead"

The FWC has upheld the sacking of a sales assistant for serious misconduct that included s-xual harassment and threatening colleagues, while conceding the employer could have done a better job of responding to emerging signs of changes in his behaviour.

"Skilled and experienced" advocates win FWC's favour

The FWC has taken into account that a legally-qualified Qantas ER manager with experience appearing before the tribunal is not a seasoned advocate, in granting the airline's application for legal representation to defend an anti-bullying claim.


Personal preferences would "mire" BOOT, says FWC

Approving a deal that lacks RDO and TOIL provisions contained in the retail award, a senior FWC member has warned the Better Off Overall Test would become "mired in speculation on subjective and unquantifiable matters" if he had to factor in the personal preferences of each employee.

Airline's corporate structure hampers bargaining: Union

The ASU and Virgin Australia have clashed over the former's bid for a majority support determination to open the way for bargaining, the union alleging the airline's organisational structure intentionally impeded the process.