A FWC full bench has today rejected a bid by BHP Coal and its OS entities to issue highly-specific, restrictive orders to give effect to July's landmark same-job, same-pay decision for the resource giant's Bowen Basin coal mines, warning that the proposed descriptions of those covered could undermine the scheme's purpose and be "swiftly evaded".
Almost a year since the FWC inserted right to disconnect terms in awards and on the eve of the entitlement extending to small businesses, the FWC is indicating that the lack of any significant case law since its inception suggests it should delay a promised 12-month review and development of guidelines.
A FWC presidential member has declined to grant an employer's request to delay consideration of its appeal against an unfavourable long service leave ruling while it awaits the result of a related Federal Court case, taking a dim view of its attempt to move forums "midstream".
A labour law academic says there is a need to ask how Australia's IR system is so "fundamentally broken" that it incentivises the conduct evident in Qantas's decision to unlawfully outsource jobs to avoid bargaining, in circumstances where the record $90 million fine imposed yesterday will barely dent its resultant annual savings.
A judge has slapped an $8000 penalty on a major Commonwealth department after expressing astonishment that it does not have a "human or technological" system in place to ensure it pays dismissed employees their correct entitlements.
The FWC has banned a paid agent from continuing to represent his client after finding him to blame for the worker's late dismissal challenge and that he sought to rely on a decision which "clearly does not exist" when arguing the application had been filed within time.
The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.
The Federal Court has put unions on notice about what to expect from status quo provisions in dispute resolution clauses, tossing out the AMWU's bid for declarations and penalties against Opal Packaging for changing the way drug and alcohol tests are conducted.
The High Court will on Wednesday hand down its ruling on what mining giant Peabody says is a "critical" test of the laws governing whether a redundancy is genuine.
Adero Law is investigating potential underpayments at Super Retail Group stores as it sets its sights on a possible class action on behalf of current and former employees.
