In the first significant pandemic-related dispute over mass lay-offs to come before the FWC, the Federal Court's transcription service provider has been criticised for making "hollow" consultation promises and reminded to treat workers "with dignity in this time of crisis".
A full Federal Court has quashed an FWC full bench agreement variation ruling that endorsed a senior member's belief that he could not consider evidence about the intended meaning of a clause because he did not interpret it as ambiguous.
A senior Victorian public sector lawyer who failed to establish that agreement terms had been incorporated into his employment contract has been ordered to pay his employer the $200,000 in costs it sustained through its undertaking to keep him in his job until the finalisation of the case.
The Federal Court has rejected a "novel" contention that the FWC would be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.
The FWC has moved quickly to endorse coronavirus redeployment measures agreed between the UWU and DHL Supply Chain, enabling employees to maintain their terms and conditions while temporarily working in other industry sectors.
An FWC full bench has taken aim at the legal advice given to a group of Coles distribution centre workers who over the course of four years and four adverse findings continued to pursue what ultimately became a "hopeless" case related to their work duties.
An MUA delegate has been cleared to pursue the termination of a contentious waterfront deal after a full Federal Court found he had not abused the process by acting as the union's "front man".
The FWC has lambasted Hungry Jack's for wasting the tribunal's time and resources, causing it to wrongly approve a national deal that was not filed or signed by the actual employer.
Another FWC member has rejected full bench advice that they should, in the face of objections, withdraw from arbitrating disputes they have previously conciliated, dismissing claims she displayed "antipathy" towards the union seeking her recusal.
