The High Court has today upheld an appeal by Esso Australia against a finding that industrial action taken by the AWU in 2015 was protected, in a decision that leaves the way open for a substantial damages claim against the union.
The ETU has declared a major payday for more than 4000 Queensland apprentices it claims are owed $70 million in underpayments after a full Federal Court today held that an old State award that continued to dictate their pay was superseded three years ago.
The FWC has confirmed the retention of existing Sunday penalty rates for restaurant workers, a full bench noting employers' inability to muster persuasive evidence to support claims cuts would boost jobs.
The concept of the "farm gate" is virtual rather than physical in the horticultural sector, an FWC full bench has found in a coverage decision it backdated by eight years to ensure employers are not exposed to backpay claims.
In a ruling that underlines the Fair Work Ombudsman's pursuit of accessorial liability against advisors, a court has for the first time imposed a fine on an accountancy firm involved in an employer's underpayments.
The CFMEU says it is confident in its challenge to an agreement Thiess struck with three maintenance workers prior to securing a major mining contract, after a full Federal Court remitted the employer's appeal on the basis that an FWC full bench wrongly denied the union "the fruits of its victory".
A union delegate has been reinstated after the FWC determined that the absence of managerial opposition to a brief on-site "undies" protest meant it failed the legislative definition of unlawful industrial action.
In a decision signalling potential judicial pushback against so-called "sham" agreements, a Federal Court has quashed a two-year-old deal approved by three employees that now covers more than 1000 mining services workers, ruling that the employer made inadequate efforts to explain a document benchmarked against 11 different awards.
In one of the first extended discussions about the capacity to include incidental matters in modern awards, the FWC has called for further submissions on how or whether to incorporate a standard clause that would permit employers to deduct up to five weeks pay when employees quit without giving sufficient notice.
