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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.
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.
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.
A FWC full bench has advised a worker of her right to enforce in court a seven-months-late $32,000 unfair dismissal compensation order, after it ruled that a commissioner correctly understood that the company misinterpreted her "this is shit" curse in her "thick" Scottish accent as "I quit".
The FWO has published a guide to the newly-declared voluntary code for small businesses - said to be a blueprint for employers of all sizes - to protect themselves from criminal liability under Closing Loopholes wage theft provisions from January 1.
A full Federal Court has refused to overturn a finding that a former Qantas employee possessed the necessary mental capacity when she signed a deed in 2008 settling her claims of s-x and disability discrimination.
The FWC has refused an employer's application to stop allegedly unprotected action, finding that two off-duty employees' distribution of campaign materials did not amount to industrial action because it did not alter their performance of work, or disrupt other workers.
The FWO has further tightened the screws on franchisors after the Federal Court agreed that it fell to Bakers Delight to disprove that it is liable for half of a liquidated franchisee's alleged underpayments of more than $1.2 million.
In a significant decision on the statutory hurdles facing unregistered enterprise unions applying for federal registration, a FWC full bench has confirmed that assessing an association's membership is confined to "actual flesh and blood members" rather than any prospective members allowed under its rules.
Private sector bargained pay rises have fallen below 4%, while the public sector has recorded the slowest growth in 18 months, according to new DEWR data.
