A full Federal Court majority has found that Orica is not obliged to make contributions to the black coal mining sector's portable long service leave scheme for its shotfirers, while Justice Adam Hatcher has demurred.
The Federal Court has rescinded a windfall for three emergency-call operators who stood to be reimbursed for years of unpaid mentoring allowances, after determining a lower court failed to account for training payments already made under the governing agreements.
Queensland's Industrial Court has upheld a finding that an investigator's report and a lawyer's advice on a senior Office of IR employee's conduct attracted legal professional privilege and the employer did not waive it.
Employers who refuse a flexible work request have to do their own homework on the ramifications and spell it out clearly in writing, a FWC full bench has held in ordering a school to accommodate a teacher's wish to temporarily work part-time in an executive role while she manages her return from parental leave.
A FWC full bench has emphatically quashed a deputy president's decision to bin a worker's unfair dismissal application with five hours' notice just two days before Christmas, finding he misapplied the Commission's powers and "misapprehended" the facts.
The ACT's education department must find an additional $8000 after a court increased penalties for breaching an agreement's job security terms in the case of a former public school teacher claiming she was unlawfully dismissed in 2016.
Catholic school employers have escaped penalties for withholding backpay from two teachers who resigned before new agreements' retrospective pay rises came into effect, a judge finding that the deals' ambiguities contributed to the "honest and reasonable" mistake.
In a significant breakthrough for a NTEU excessive workloads case, a FWC full bench has found a university could have breached its agreement by allocating tasks to academics they could not reasonably complete within full-time hours, but it is questioning what, if any, relief would be available.
A FWC full bench has overturned a commissioner's decision to "unilaterally" and without warning "administratively close" a general protections claim based on his incorrect belief that the parties had reached a settlement.
A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.
