In a significant decision on diplomatic immunity, a full Federal Court has tossed out an embassy's claim that it enjoys protection from unfair dismissal proceedings, confirming in the process that the FWC has standing as a "court" under the relevant legislation.
Almost a year after orders became available under Labor's landmark same-job, same-pay laws, a review of progress by Workplace Express indicates there have been about 50 decisions, with the MEU, UWU, AMIEU and SDA accounting for more than 70% of them.
The Federal Court has restrained the FWC from hearing an employer's challenge to an unfavourable interpretation of a LSL clause that is replicated in about 17 offshore agreements.
The Federal Court has today rejected BHP Coal's bid to stay the same-job, same-pay orders for its Bowen Basin mines, which had been due to take effect within days.
In a significant finding on the integrity of the workplace umpire, a judge has ruled that a former union organiser and Labor MP rightly decided against recusing herself from hearing a same-job, same-pay application despite having described similar labour hire arrangements as a "rort" in Parliament.
The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.
A full Federal Court has cast doubt over a $40 million underpayments case after ruling that a FWC presidential member and a bench led by president Adam Hatcher failed to properly consider an employer's arguments about the improbability of penalty rates not already being wrapped up in loaded rates paid under two agreements.
A FWC bench has refused a UFU request to further adjourn its intractable bargaining case with the FRV in an effort to keep the matter "on track" and has scheduled a three-week hearing, 18 months after it became the first vehicle to test the Commission's new deadlock-breaking powers under the Secure Jobs legislation.
The ETU has lodged an urgent Federal Court bid to challenge FWC orders that suspended industrial action across Sydney's trains network until July, arguing a full bench wrongly treated rail unions as an "undifferentiated whole" and unreasonably advantaged the employers.
A full Federal Court has taken legislative changes into account in throwing out the UFU's bid to quash a FWC full bench finding no terms had been agreed between the union and Fire Rescue Victoria upon which to base an intractable bargaining workplace determination.
