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Bench singing ACTU's consultation tune: Employers

Major employer and industry organisations have lodged a last-minute protest with the FWC's president about potential changes to model consultation clauses in agreements, claiming they too closely resemble an ACTU proposal that would substantially curtail management prerogative.


Redundancy upheld despite deficient consultation

A major construction company has avoided having to compensate a worker despite failing to properly consult with him over his redundancy, after the FWC found on balance that such "deficiencies" ultimately did not make the dismissal unfair.


Asmar fails to stay alleged "cashback" case

The Federal Court has rejected embattled HSU No 1 Victorian branch secretary Diana Asmar's bid to stay FWC general manager Murray Furlong's prosecution of her for alleged "cashbacks", after she failed to establish a criminal trial is "on the cards".


HR manager fails to nail down case against billionaire

A HR manager has been told to go back to the drawing board in establishing a general protections case against an online trading company and its billionaire founder, who she accuses of having repeatedly directed her to manage employees in ways that would breach workplace laws.


Tell unions to burger off: McDonald's

McDonald's has told a FWC full bench on the first day of a hearing tackling the SDA's test bid for a multi-employer supported bargaining authorisation covering 18 SA franchisees that it strongly opposes the application and considers it unnecessary.


HR manager's "blatant exercise in deception": Court

A charity's HR manager engaged in "a blatant exercise in deception" to orchestrate the sacking of a senior manager wrongly accused of serious misconduct, a court has found.


Flex orders for union organiser who resisted RTO

In rare flexibility orders won by an ANMF organiser who moved 500km from the office after experiencing domestic violence, the FWC has temporarily blocked the union from requiring her to work more than three nights per fortnight away from home and directed it to count travel time as work time between certain hours for the first half of the school year.


Reinstatement for "brain snap" worker

A tribunal has ordered the reinstatement of a council worker found to have had a "brain snap" when he referred to his manager in a text as a "rude c--t" he felt like punching.


Consequences of "assault" justify extra time: FWC

A young worker who is accusing her boss of leaving her no choice but to resign when he physically assaulted her has won extra time to pursue a late unfair dismissal claim, with the FWC accepting that mental health ramifications contributed to the delay.


Reasonable business grounds for rejecting request: FWC

The FWC has backed a school's refusal to let a coordinator perform her executive role part-time for the first two terms when she returns from parental leave, supporting its offer of a lower-paying teacher position and noting it is not simply "serving customers who are buying widgets".


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