An FWC full bench has quashed an agreement struck with five Sigma Healthcare recruits, finding the NUW had been denied natural justice when the pharmaceuticals giant failed to provide it with its application for approval on the basis that the union had ceased to be a bargaining representative.
An employer has convinced the FWC to terminate an agreement that it claimed made it uncompetitive because of unaffordable pay rates and non-compliance with the national construction code.
The FWC has temporarily restrained a union from taking industrial action after accepting it was not genuinely seeking an agreement when a delegate made the "somewhat unusual" suggestion that the company shift its workers to a labour supply or contracting arrangement managed by him.
An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.
The FWC today gave a strong signal that it is anxious to bring to a head Coles employee Penny Vickers' bid to terminate the supermarket giant's enterprise agreement, acknowledging criticism that the case had dragged on before granting the night-fill worker an extension to supply supporting documents.
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.
