Unprotected industrial action undermines collective negotiations because it is "directly contrary" to the Fair Work Act's bargaining regime, Deputy President Gerard Boyce has held in his reasons for finding the UWU's "unlawful" picketing of Woolworths distribution centres breached its good faith bargaining obligations.
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.
COSBOA is seeking the most significant change to the statutory exclusion from employment protections based on business size since Work Choices almost 20 years ago, while it also wants to broaden its reach to exempt small businesses from multi-employer bargaining, complying with casual conversion and delegates' rights obligations and restrictions on fixed-term contracts.
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.
A full Federal Court has dismissed a National Rugby League referee's claim that the game wrongly denied him an opportunity to pursue his dismissal dispute because his employment ended at the conclusion of an "outer limits" contract.
The Federal Court has today restrained HSU Victorian No 1 branch secretary Diana Asmar - accused of illegitimate reimbursements and engaging in a cashback scheme - from performing her duties, clearing the way for her deputy, David Eden, to temporarily take up the role.
In a decision tackling an overlooked need to issue protected action ballot orders reflecting a shift to multi-employer bargaining at Sydney Trains and NSW Trains, the FWC has chastised the employers for seeking an additional technical step serving "no purpose" other than to bring about a delay.
The NTEU is calling for the FWO's "anti-wage theft model" to be rolled out nationally, after Sydney University entered an enforceable undertaking to make up more than $23 million in underpayments to more than 14,000 workers and Melbourne University did the same, for denying more than 25,000 workers a total of $72 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.
