In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.
A full Federal Court majority has rejected an attempt to reel in costs awarded against two NRL player representatives found to have poached clients from their previous employer.
An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.
Just as the Morrison Government's Omnibus IR Bill says a casual will be defined on the basis of their job offer, rather than subsequent conduct, the labour hire company at the centre of a landmark casuals case has told the High Court employment contracts must be decisive.
An FWC full bench has, in dismissing a former Ausgrid worker's appeal, expressed surprise that a presidential member elected to hear the matter in the first place, noting that the employer knew nothing of any dispute before she made the application.
An FWC bench has in exhuming a "zombie" deal affirmed that the tribunal should retrospectively terminate agreements only in "exceptional" circumstances.
The High Court will next month consider whether to extend special leave in two cases seeking to clarify whether workers are independent contractors or employees.
An FWC bench has stopped short of overturning the four-month-old approval of a deal but ordered the employer to produce documents previously sought by a union strenuously opposed to it.
An FWC full bench has clarified the preconditions for employers being granted legal representation, rejecting a presidential member's opinion that jurisdictional questions are inherently complex and dismissing "bare assertions" about an HR team's incapacity to contest a case.
In a significant ruling clarifying how penalties for multiple contraventions should be assessed, a full Federal Court has in cutting by more than half a $445,000 fine imposed on the CEPU rejected a judge's "global" approach to the historic reporting breaches.
