A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.
Days after the High Court refused permission to appeal a key decision recognising standby duty as paid work, a FWC full bench has weighed its implications for a Qantas subsidiary's long-awaited intractable bargaining workplace determination.
The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.
An attempt to warn companies away from the exploding Fair Entitlements Guarantee scheme has fallen flat, after an appeal court found that two directors of an ailing business committed no crime by allegedly hoping liquidators would access taxpayer funds to pay out 58 former employees.
A FWC full bench has upheld the reinstatement of a wharfie who tested positive for cocaine, rejecting employer arguments that the Commission's approach to appeals is "broadly wrong" and should involve reassessing a case rather than searching for errors in the original decision.
A full Federal Court has thrown out Serco's appeal against a finding that a senior manager sacked a trainer after he complained about the way she conducted a bullying investigation.
A FWC bench has granted the MEU a majority support determination for officers at a Glencore monitoring centre after quashing findings that they are excluded by union rules suggesting they are linked to a defunct association said to have evolved into Professionals Australia.
The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.
