Browsing: Jurisdiction

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Aldi admonished for heavy-handed approach to late case

A judge has criticised Aldi for adopting an "unnecessarily technical position" against a self-represented worker but ultimately rejected his bid for a six-month extension to file a general protections claim, after finding he falsified medical evidence.


Extra night shifts do not justify strikes: FWC

The FWC has ordered a health and safety representative to stop organising unprotected strikes for workers maintaining Sydney's trains, after finding no evidence that they faced immediate dangers from an increase in night shifts.


No pulse on proposed health deal: FWC

The FWC has closely considered its new discretion to overlook minor procedural or technical shortcomings in making of agreements before finally rejecting a proposed deal it "reluctantly" declined to wave through initially because the employer failed to explain negative aspects for some workers.



New laws ensure trains deal remains on track

In a landmark decision letting Sydney Trains and NSW Trains put a multi-enterprise deal to a vote despite the ETU's opposition, a FWC full bench has for the first time granted a voting request order under Secure Jobs reforms.


Apple Isle opposed Safe Work chair appointment

Documents released under FoI laws reveal that Tasmania opposed the January appointment of MEU general president Tony Maher as chair of Safe Work Australia, claiming it harboured "significant concerns" about his suitability, while Queensland also aired its worries about his independence.


"Willing to accept" email locked in binding settlement

A $400,000-a-year company lawyer's adverse action case has fallen at the first hurdle after the FWC found him bound by a settlement deed despite claims that its terms had not been finalised.


FWC "abdicating" duty if penalties case ditched: Employers

Shelving a major retail award conditions buy-out bid while the Albanese Government pursues penalty rate reforms would be a dereliction of duty, the Australian Retailers Association has told the FWC.


Restraints did not render dismissal unfair: FWC

The FWC has rejected a real estate agent's claim that his employer fooled him into resigning, finding its move to enforce post-employment restraints after he joined a competitor did not retrospectively turn a mutually agreed separation into an unfair dismissal.


NT scraps "costly" portable leave scheme

As plans for a national portable entitlements scheme remain in limbo, the NT's Finocchiaro Government has repealed legislation that would have extended portable long service leave to the community services sector, arguing that it would result in increased fees for parents using childcare and would be too costly for the Government.


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