A FWC full bench has upheld the reinstatement of a wharfie who tested positive for cocaine, rejecting employer arguments that the Commission's approach to appeals is "broadly wrong" and should involve reassessing a case rather than searching for errors in the original decision.
On-hire workers employed by BHP's in-house labour provider and its external suppliers have today won same-job, same-pay orders, after a FWC full bench rejected arguments that the service provider exemption and a "fair and reasonable" requirement stood in the way.
Increasing the small business unfair dismissal definition from 15 to 20 employees by headcount would expose an extra 500,000 workers to inferior protections, while lifting it to 50 would affect almost an additional two million, according to an FWO report that says there is insufficient consensus across the IR spectrum to support any change.
In what stands as the FWC's first substantive scrutiny of gig economy contracts under new laws, an Uber driver is seeking $50,000 compensation and multiple changes after claiming that app malfunctions unfairly shift the burden of lost revenue and that opaque processes for investigating misconduct allegations create a "power imbalance".
The NTEU has claimed a significant win for job security in the tertiary sector, persuading the FWC that the recruitment clause in a sandstone university's agreement favours ongoing casual and fixed-term employees over external candidates when permanent or longer fixed-term roles come up.
The NTEU says Monash University will be liable for millions of dollars in backpay after the Federal Court today found it is required to pay casual tutors for scheduled consultations with students that don't count as part of work "associated" with tutoring.
CFMEU women's networks have objected to construction division administrator Mark Irving's plan to invest $5.4 million in a men's construction-industry behaviour change program, accusing him of failing to consult women members.
The Federal Court has overturned a ruling that would have upset the commission-based pay arrangements for stockbrokers and financial advisors, finding an Ord Minnett advisor had been award-free.
A new FWC member's "secret weapon" to resolve disputes could be to "threaten" parties with a Spotify playlist that includes metal bands like My Dying Bride and Cradle of Filth, ACTU president Michele O'Neil has told a welcome ceremony.
