In rejecting as "absurd" the expert evidence of a forensic accountant who calculated that Ambulance Victoria owed an on-call media officer $800,000 in unpaid entitlements, the Federal Circuit Court has instead ordered the employer to pay her $155,000, including for time spent sleeping.
In a significant decision on the FWC's power to deal with clashes between agreements and state laws, a tribunal member has found that jurisdiction was established by a combination of health and safety considerations and the absence of legislative reference to exclusive arbitrators.
Bench says employer's "bland" description no help to BOOT assessment; FWC takes chainsaw to gardener's sacking; and Tribunal rejects bid to require witness to appear in person.
In a significant addition to the jurisprudence around "arrangements" between transferring businesses, the FWC has rejected union arguments that the urgent use of an old employer's pathology equipment after a midnight handover should lead to continuing employees being retained on their existing, more generous enterprise agreement.
In upholding the dismissal on medical grounds of a prison officer who was later declared fit, the FWC has noted his union gained permission to obtain a second opinion but also assisted him in making an ill-fated decision not to pursue it until after his termination.
So-called 'comic' employment contracts replacing dense legalese with images have been coolly received by both the peak employer and employee bodies, each expressing a preference for the power of words when it comes to interpretation and enforcement.
The IEU is recommending NSW and ACT Catholic school teachers and support workers vote "yes" to a revised deal breaking an extended deadlock over guaranteed access to FWC arbitration, while employers have committed to making a second back-payment to the start of the year.
In a development that might fuel debate over the links between union power and wage rises, substantially above-average pay increases secured in the heavily-unionised construction sector have pushed bargained private sector wage rises off their recent historic low.
Provisional award clause grants more flexibility to casuals; Wages growth stuck in slow lane, says RBA; HR manager not unfairly sacked for complaints to CEO: Court; Inequality on rise as technology advances, says IMF.
