An FWC full bench has confirmed that the Australian Government Solicitor can "as a matter of right" represent all federal agencies, including commissions, in the tribunal, without having to seek permission.
A lower court has asked the Federal Court to distinguish between "jurisdiction" and "powers" after wrestling with the question in a case where a union accused an employer of breaching its enterprise agreement and the employer counter-claimed that the agreement was not genuinely agreed.
The FWC has upheld the sacking of a worker for pressuring a colleague to join the AMWU after a "balanced and meticulous" external investigation found his actions amounted to bullying.
The ABCC says it is "carefully reviewing" a Federal Court finding that two CFMEU officials who flagrantly disregarded requests to show their entry permits did not breach the Fair Work Act's restrictions on entry to worksites because they were not seeking to exercise their lawful rights.
The FWC has ruled that a major alpine resort did not dismiss a ski patrol team member who had a "long history" of "discontent" with the workplace when it sent him an email last year notifying him that he wouldn't be re-employed this winter.
An Esso contractor has today won a court order to ban unions from using their giant inflatable rat, known as Scabby, from a picket outside the oil giant's Longford processing plant in Gippsland.
While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.
A court has thrown out a labour hire worker's adverse action claim despite rejecting the respondent's argument that it lacked jurisdiction because the truck driver mistakenly identified her employer.
A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.
The FWC has reinstated a worker after highlighting that her employer might have conducted unlawful covert video surveillance and that its HR department mishandled her dismissal.
