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"Emboldened" CFMMEU deserves no penalty discounts: Judge

A judge has today accepted the ABCC's view that the construction union's lengthy rap sheet should influence the penalty for a relatively minor breach, but has declined to impose a personal payment order on the official involved.


Added NERR wording coloured agreement process: FWC

The FWC has rejected a massage therapists' deal on the basis that extra wording in a preamble and at the end of the representational rights notice might have affected employees' interpretation and detracted from key messages.


Specialists make $3 million claim

A group of 10 intensive care specialist doctors are suing Victorian public health service Austin Health for more than $3 million in alleged underpayments plus compensation for humiliation and loss of enjoyment.


Unions' vegetarian meals-only claim genuine bargaining: FWC

Sodexo's circuitous journey to a new offshore deal has taken another turn after the FWC gave unions the go-ahead to conduct a strike ballot despite arguments that a claim for workers to be provided only vegetarian meals showed they were not bargaining genuinely.


Short hiatus for CFMMEU "poaching" case

The Federal Court trial of allegations that the CFMMEU's construction and general division Victorian branch has been "poaching" members from elsewhere within the union has been delayed by consent.


Full court carpets Ross over "no decision at all"

A full Federal Court has delivered a pointed rebuke to FWC President Iain Ross, finding it could not consider a challenge to the decision of a Commission full bench he led because it was not, "with respect, any decision. . . at all".


Combination of five factors adds up to exceptional circumstances: FWC

The FWC has granted a two-day extension for an aged care worker to file her unlawful dismissal claim after finding the combined circumstances - including the Christmas Eve deadline, her worsening bipolar disorder symptoms and the anniversary of her mother's death - to be exceptional.


FWC upholds ejection of remorseless buttock-tapper

The FWC has upheld Star Casino's sacking of a food and beverage server who said he tapped a colleague's bottom in an act of comradery, accused three workmates of entrapping him and threatened to "raise hell" for his employer.


"Sloppy" wording helps sink scope order application

The FWC has refused the RTBU's bid for a scope order so that it can negotiate separate agreements for Australian Rail Track Corporation's operational employees and their office-based colleagues, finding that even if it could ignore "sloppy" position descriptions in the application, a carve-out would not improve bargaining.


Six-year wait brought system into "disrepute": Bench

A full Federal Court has today, in declaring a Boral subsidiary vicariously liable for the 2009 s-xual harassment of a plywood grader, described a judge's six-year delay in delivering a contrary finding as bringing the justice system "into disrepute".


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