A full Federal Court led by Chief Justice James Allsop has expressed disquiet about how employment relationships involving labour hire companies and the rising gig economy are assessed, noting that only respect for decisions by other appeal courts prevented it reaching a different conclusion about a backpacking labourer's status.
In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.
BHP's attempt to win approval of two enterprise deals to entrench an in-house labour hire company that now employs more than 2000 workers across its mining operations has been dealt a major blow by an FWC full bench majority, which has ruled that its failure to properly explain pay arrangements meant the workforce did not genuinely agree.
A union legal officer's mea culpa over unread emails has not been enough to salvage a late appeal against an agreement, after an FWC full bench found it did not excuse such a "sophisticated" organisation failing to identify that the contentious deal had won approval.
An FWC full bench has rejected TWU and RTBU appeals to a rule change decision allowing the latter union to continue representing members transferred to privatised bus services but which it claims will not insulate it from "corporate manoeuvring".
A Full Federal Court has in rejecting a big employer's appeal of two rulings affirmed that a worker's reasonable expectation of ongoing employment helps determine their entitlement to redundancy payments.
A-G's department investigating new Heydon allegations; ROC concludes HSU investigation; Full court begins hearing ROC appeal against AWU ruling; and Extend JobKeeper, says Grattan.
In a significant judgment examining the interplay between employment relationships and employment contracts, the Federal Court has dismissed a major employer's appeal against a ruling it owed a cleaner redundancy pay after reducing her hours from full to part-time.
Labour hire company Workpac has sought special leave to appeal to the High Court last month's momentous Rossato decision paving the way for casuals to claim leave entitlements, a ruling employers now estimate could expose them to more than $14 billion in back-pay.
In a significant decision on agreement-making, an FWC full bench has clarified that the tribunal must reject any undertakings that have a "transformative" effect such that they could have affected workers' votes.
