Topic: Institutions, tribunals, courts | Page 20 | Browse industrial relations and employment law news by topic

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FWC has no place tweaking approved deal: Full court

A full Federal Court has quashed a first-of-its-kind FWC full bench majority finding that the tribunal has the power to make a workplace determination on contested bargaining matters after an agreement has already won approval.

Bargaining not in "mutually exclusive" streams: Court

In a significant judgment on the statutory nature of a "proposed enterprise agreement", a Federal Court has rejected arguments that rail unions lost protection of their industrial action once the bargaining focus changed from a single to a multi-employer deal.

Bench weighs in on "inadvertent" policy breaches

Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.

Union legal team's decision to drop case "a disgrace": FWC

A FWC presidential member has lambasted a union's legal team for leaving an illiterate member "high and dry" when deciding not to pursue a "more than arguable" dismissal challenge that ultimately led to reinstatement with full backpay.

Arguments outlined ahead of crucial BHP SJSP case

Workplace Relations Minister Murray Watt has weighed into a crucial full bench same-job, same-pay test case targeting BHP's in-house labour suppliers, ahead of a hearing that starts Monday, contradicting claims the carve-out for service contractors captures any work that is "more than the mere supply of labour".

Lawyers' alleged settlement deed doesn't pass muster: Court

Two senior corporate lawyers will resume their pursuit of millions in compensation from Super Retail Group after the Federal Court rejected their claims that an enforceable settlement had already been agreed, while a full court will soon separately hear the employer's appeal aimed at suppressing details of its settlement offer.

Dutton's PPL super promise; Pallas replacement; & more

Coalition dangles super cash-out on PPL; Symes takes Victorian IR reins; Victoria establishes parliamentary standards commission; and Wage share of revenue to grow: WEF report.

Unions cleared to pick apart three-worker agreement

The FWC's edginess over small-cohort deals has come to the fore again after a member exercised his discretion to allow unions to insert themselves in the approval process for an agreement voted up by three workers, despite having no standing as bargaining representatives.

DEWR managers did not bully "exceptionally difficult" lawyer

A lawyer who failed to follow "the most basic of instructions" during FWC proceedings and proved to be "exceptionally difficult to deal with", experienced reasonable management action rather than bullying when DEWR raised issues about his tardiness, falling asleep in meetings and delays in producing work.

Chief justice vows no return to open justice's "permissive" past

In a speech reflecting on the concept of open justice that draws on a case involving former IR Minister Christian Porter, Federal Court Chief Justice Debra Mortimer has acknowledged there is "frustration on both sides" since the court stopped making unrestricted documents available to non-parties "as of right" before a first directions hearing or a hearing.

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