A FWC member who ordered a meatworker's reinstatement wrongly discounted as hearsay evidence that he allegedly called his Pacific Islander colleagues "tree apes" and "black c-nts", a full bench has found.
In a significant decision on the FWC's arbitral powers, a full bench has provided further "clarification" of its ruling in a dispute after an employer "disobeyed" its finding that seven workers should be reclassified at a higher level.
The MEU has sought High Court leave to intervene in the Coal LSL challenge to a finding that Orica's obligation to make contributions to the scheme on behalf of shotfirers ceased in 2022 when it sold a separate business providing services to underground mines.
The FWC has delivered on its vow to expeditiously insert a far broader delegates' rights term in all awards in response to a full court last month finding its initial attempt "impermissibly confined", a judgment that prompted the Commission to thank parties for their patience because of resultant delays to approval of agreements.
BHP's coal mining and in-house labour hire entities are seeking special leave to challenge the Full Federal Court ruling that upheld same-job, same-pay orders the FWC made for the resources titan's Bowen Basin mines.
A wharfie who tried to rescind a resignation he delivered while apparently having paranoid delusions has won a second shot in claiming Hutchison Ports unfairly sacked him, with a full bench finding no reason to ignore the facts that surfaced after his employer accepted it.
In a significant ruling on stand downs, a full bench has upheld a challenge to a hospital's refusal to pay a nurse who declined redeployment to another ward due to a work ban, but found on redetermination that the employer was otherwise entitled to withhold payment.
A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.
A FWC full bench majority has quashed a member's refusal to grant an intractable bargaining declaration for highly-paid deputies at a NSW coal mine, finding he wrongly considered that the tribunal's arbitration powers must not be "lightly engaged".
