A Federal Court judge has foreshadowed today that he will order a litigation funder to provide security for the potential costs of two IR class actions, while observing that such a move is unlikely to have a "stultifying" effect on the proceedings.
A looming Federal Court judgment on whether to grant security of costs to employers facing multi-million-dollar casuals class actions could make employment matters much less attractive to litigation funders, according to a law firm that is targeting the black coal mining industry.
In the latest stage of a long battle by power and mining unions against the approval of a "small cohort" non-union agreement for maintenance employees, the FWC has given Mechanical Maintenance Solutions Pty Ltd a chance to provide an undertaking to overcome its failure to ensure the deal was genuinely agreed.
The SDA has hit back at claims by RAFFWU that a Hungry Jack's deal awaiting approval in the FWC is the worst since the unregistered union's inception, rejecting contentions that it tries to "casualise part-time work" and denies workers a choice of super fund without paying enough to leave them better off.
The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.
The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.
A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.
A subsidiary of an established mining services company has failed to convince the FWC not to hear from the CFMMEU on a deal covering eight workers at the time it was made, purportedly because the Fair Work Act intends for small business to enter into agreements "without hindrance".
The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.
The FWC has for the second time thrown out a Sodexo offshore deal after hearing its HR manager and an employee involved in bargaining did not understand a swathe of significant changes, leaving "no confidence" it was properly explained to others.