A FWC full bench led by president Adam Hatcher has overturned a two-month suspension of ETU strikes against Transgrid, taking the opportunity to lay out the correct approach to assessing safety commitments when considering whether protected industrial action should be stopped or suspended.
The AFP has failed to convince the FWC that the Australian Federal Police Association's "cursory" approach to providing a list of officers who wanted to continue wearing their "accoutrements and radios" while on strike at airports meant the industrial action was unprotected and should therefore be stopped.
The ETU's refusal to acknowledge that power network operator Transgrid alone dictates when emergency work is required provided the FWC sufficient reason to extend orders preventing certain protected industrial action for a further two months, according to a senior member.
The FWC has late today declined to expedite Transgrid's application for an intractable bargaining application against the ETU, after the power company last week won a two-month suspension of the union's protected action, but lost its bid to block an order for production of documents.
The CFMEU construction division's Queensland branch has suffered multiple setbacks in its bargaining stoush with the head contractor of the state's $7 billion Cross River Rail project, with workers voting up a new deal put directly by the company and the FWC separately issuing two orders stopping unprotected industrial action.
The FWC says it suspended certain ETU work bans on NSW's power transmission network because Transgrid "clearly established" the action threatened lives, safety, health or welfare, but the union is celebrating the rejection of the private operator's latest "substandard" offer.
After Woolworths again delayed backpaying short-changed distribution centre workers, the FWC has recommended the supermarket giant "do all that is necessary to ensure" it pays affected SDA members at the Brisbane distribution centre, by the end of this month.
The ACTU is recommending the FWC include more "practical detail" in its draft "right to disconnect" award term, to "spell out" what the Commission will consider when it determines whether or not a refusal is unreasonable and is also proposing a review in 12 months.
A new protected ballot agent seed-funded by the ACTU has won FWC approval, after establishing that it has taken steps to separate itself from the union peak body, which is seeking to give unions a fair and low-cost alternative to existing providers.
The proposed "right to disconnect" modern award clause is "mostly suitable", but should clarify that the entitlement is a "workplace right" within the meaning of the Fair Work Act's general protections provisions and specify the dispute resolution procedure to follow, an employment and contract law academic says.
