Workers need to be protected from employers that argue they took action against an employee because of the impact of the person exercising a workplace right rather than the actual exercise of the right, a judge has ruled in a dissenting judgment.
A senior employment lawyer found guilty of unsatisfactory professional conduct for accusing an opposing lawyer of lying and dishonesty has won a re-hearing of his case, after a Victorian Supreme Court ruling.
MUA WA branch official Will Tracey could seek a fresh entry permit, after a full Federal Court made it clear that the Fair Work Commission can exercise its discretion to issue him a conditional permit even though he failed the "fit and proper person" test.
The AMWU has fought off another challenge to its representation of workers at a high-tech respiratory equipment manufacturer, after the Federal Court upheld the Fair Work Commission's power to issue a majority support determination.
Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.
The High Court will decide whether a worker who received entitlements from an abattoir as a result of Fair Work Ombudsman proceedings was barred from making separate injury claims.
The High Court will today hear the CFMEU's argument that Boral can't use court discovery processes to force the union to produce documents that might expose it to punishment for contempt for allegedly defying injunctions on Victoria's Regional Rail project.
A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.
