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.
The Federal Court has dismissed the nursing union's bid to stop Bupa cutting jobs, finding that 23 potential redundancies in a workforce of 3000 did not constitute a "major" change that would trigger an agreement's consultation clause.
Employment Minister Michaelia Cash said last night that she made an offer to the Opposition to split-off into a separate Bill elements of the "four-yearly review" legislation that enable the FWC to overlook technical and minor errors in agreements, after tribunal president Iain Ross twice wrote asking her to urgently secure its passage.
The Federal Court has tossed out a challenge to an FWC full bench decision, describing confidence in the administration of justice as a "significant factor" in finding Energy Australia's case an abuse of process.
The Fair Work Commission says its failure to meet timeliness targets for agreement approvals is partly due to the delay in passage of the Turnbull Government's legislation that would enable it to overlook minor or technical flaws in proposed deals.
In a landmark judgment upholding a casual employee's right to convert to permanency on a "like for like" basis, the Federal Court has concluded it should fine Toll more than $40,000 and order it to compensate a freight handler for refusing to grant his request for full-time employment from May last year.
