The ANMF has won an interlocutory injunction stopping a hospital from dismissing a nurse over a health-related exemption from night shifts while she seeks to establish it is a reasonable adjustment or flexible work arrangement and that night work is not an inherent requirement of the job.
The FWC has resisted speculating about whether an unvaccinated FIFO worker lost his job for refusing to "steal" a competitor's new product from a BHP mine site, but has nevertheless ordered his former employer to pay compensation after finding he could have been redeployed to its Perth workshop.
In a significant decision on the nature of work, the FWC has found that the nursing home at the centre of one of Queensland's deadliest COVID-19 outbreaks should have paid employees for the time spent taking rapid antigen tests before the start of their shifts.
Enterprise agreements filed with the FWC in the fortnight to October 21 paid average annualised wage increases of 3.5%, substantially outpacing the 2.8% rises in DEWR's data for June quarter agreements but well below the 7.3% rate of consumer price inflation.
In a move that the NTEU warns could have a "chilling effect" on underpayment claims across the economy, the Federal Court has stayed its attempt to claw back millions of dollars on behalf of casual and sessional staff while Monash University pursues a FWC bid to retrospectively vary its agreement.
The FWC has accepted that a senior software developer's unfair dismissal application was filed one minute late because of the "high risk" last-day strategy of a union lawyer laid low by nicotine withdrawal.
A FWC full bench will tomorrow consider whether to terminate or suspend tugboat operator Svitzer's planned indefinite national lockout on Friday, after the company told Vice President Adam Hatcher it is not prepared to delay it and does not believe conciliation will help.
A senior FWC member has declined to recuse himself from hearing a primary school teacher's unfair dismissal case after rejecting the suggestion that the Education Department's lawyer, formerly an intern at a regulatory body he briefly headed up, had been chosen "to achieve the evil purpose of influencing" his deliberations.
In a significant ruling on the wording of strike ballots, a FWC full bench has found that the Commission should not dictate which questions can be posed or how they are framed.
