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CFMMEU mining division wins injunction to stymie executive meeting

The Federal Court has this morning issued an injunction to stymie the agenda for a CFMMEU national executive meeting that was to begin this afternoon, after the union's mining and energy division claimed that if it proceeded the construction and general division would start poaching its members.

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.


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.

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.

Worker "put the knife" into HR manager: Tribunal

The FWC has rejected a long-serving worker's portrayal of herself as a "victim" of powerful HR forces, finding her displeasure at being asked to account for money raised for a deceased colleague's family led her into serious misconduct.

Union's PABO application backfires

In a decision highlighting the difference between "genuinely trying to reach agreement" and "good faith bargaining", the FWC has rejected an HSU application for a protected action ballot order and found its own conduct wanting.

FWC backs BHP contractor's sacking over unreported head "bang"

The FWC has reinforced the importance of following safety guidelines to the letter in upholding the dismissal of a scaffolder whose sore hands proved to be the result of hepatitis rather than a head "bang" he took more than a week to report.

Global union body says Bill undermines ILO casual protections

International Trade Union Confederation secretary and former ACTU president Sharan Burrow has told a parliamentary inquiry that the Omnibus IR Bill's casual employment provisions are likely to breach Australia's obligations under ILO conventions and recommendations, ahead of a hearing in Canberra on Friday.

Include 25% casual loading in FEG payout: Court

In what the CFMMEU is hailing as another win in a similar vein to the landmark Skene and Rossato rulings, the Federal Court has overruled the Attorney-General's Department's "parsimonious" refusal to include a 25% casual loading in a mineworker's FEG payout.