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Hard to stomach, but BHP worker's sacking not harsh: FWC

BHP did not respond harshly when it dismissed a Thailand-based train driver for making a brief call about a worrying health matter while he travelled slowly along a remote Pilbara line, the FWC has ruled.

Full court's "unduly narrow" interpretation is wrong: Porter

IR Minister Christian Porter has told the High Court that a Federal Court bench "erred" when it concluded that labour hire company Workpac could not rely on a legislative provision to offset loadings paid to the worker at the centre of a landmark case on casual leave entitlements.

Pilots' union spreads its wings

The AFAP has regained the right to represent all mainline Qantas pilots after the FWC dismissed objections from the Flying Kangaroo and AIPA that it will create disharmony, inefficiency and a two-tiered system at an already challenging time.

Redundancy about rating, not union links: Opera Australia

A veteran musician accusing Opera Australia of using the pandemic as an excuse to weed out union activists was selected for redundancy after a panel of "experienced employees" ranked him below its orchestra's two other oboe players, according to the company's Federal Circuit Court response.

FWC's arbitral powers maintained under inherited deal: Full court

In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.

Workers' comp "joke" no basis for sacking: Tribunal

The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.

IR Bill progresses to Senate

The Morrison Government's contentious Omnibus IR Bill has moved to the Senate after a day of increasingly splenetic exchanges between Coalition and ALP members, one independent describing the legislation as a "pathetic" example of supposed compromise.

Lawyer tried to "milk a penalty" in recusal hearing: Boyce

In a decision meticulously examining notions of bias, a FWC presidential member has declined to recuse himself at the same time as taking a swing at a lawyer arguing he breached a "golden rule" by privately communicating with a party seeking anti-bullying orders.

Managers didn't want to punch the clock, claims class action target

Australia's largest independent grocery retailer in defending a $20 million class action has admitted to breaching leave loading requirements, but otherwise denied it should have paid salaried employees for extra hours or recorded their additional time.

Costs awarded in worker's "groundless" case

The FWC has made a rare costs order against an unfair dismissal applicant who filed her case while unsure if she had in fact quit in the heat of the moment, before discontinuing it less than 24 hours before the hearing.