A full Federal Court majority has today found that a passively-worded redundancy clause in a university's enterprise agreement imposes firm obligations on it to exhaust other options before proceeding with compulsory redundancies.
The Federal Court has ordered a tribunal to re-hear a worker's bid for reimbursement of $20,000 for breast reduction surgery she claimed was necessary to relieve back and neck injuries she sustained in the workplace.
The Federal Circuit Court will determine whether the federal government is vicariously liable for the actions of a public servant alleged to have racially discriminated against an Indigenous co-worker when he described lollies as "black babies" and discussed Michael Jackson and "Coon" cheese in the workplace.
An accountant, who agreed to sell his practice and its services over a four-year period will continue to be restricted from practising, after an appeal court rejected his argument that restraints of trade no longer applied.
The Fair Work Commission will engage an external "plain language expert" to redraft the Pharmacy Award before it is user-tested in a pilot as part of the tribunal's four-yearly review of modern awards.
The Fair Work Commission has hit back at Productivity Commission criticism, with its President, Iain Ross, saying that the PC's IR inquiry findings appear to reflect a "misunderstanding of [the] Commission's statutory role and functions".
Lawyers have told the Productivity Commission that its proposals to end tenure for new FWC appointees and to subject members to performance reviews would undermine the umpire's independence, while raising concern about a suggestion that only non-lawyers should determine matters in the proposed minimum standards division.
The standard absorption clause will no longer form a part of modern awards, with a five-member full bench ruling that it has served its purpose as a transitional tool.
The FWC has blocked an attempt by maintenance workers servicing mining giant Anglo Coal's Queensland operations to nominate multiple bargaining agents.
The FWC has ordered an employer defending an unfair dismissal claim to produce a consultant's bullying report sought by an employee it sacked after he drew a stylised p-nis on a workplace incident report, while it has refused to effectively "mandate" that the employer be represented by its employer association's lawyer.
