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Sole bargaining meeting no reason to deny PABO: FWC bench

In a significant ruling on what constitutes a "genuine" effort to reach agreement while bargaining, a FWC full bench has upheld a member's decision to grant a PABO to a union, despite it having met with the employer only once by the time its application came before the tribunal.


Remote allowance dispute a bridge too far for FWC

A FWC member has refused to be drawn into a dispute between a private rail freight operator and the RTBU over whether a remote locality allowance should be calculated on travel by road or "as the crow flies", concluding that she could not disentangle conflicting versions about its inclusion in an agreement.


Power to discipline agents under WA IR Bill

WA's Cook Labor Government has introduced legislation to lift casual loading from 20% to 25%, give some workers an enforceable right to request flexibility, and empower the IRC to discipline industrial agents, but it continues to lag on portable LSL.


Embassy wins court backing in "immunity cake" case

A Federal Court judge has dealt a blow to three workers' pursuit of an embassy over alleged sham contracts, closely examining the "dignity, immunities and privileges of foreign States under Australian law" before overturning a lower court's rejection of attempts to bin the case.


FWC urges Virgin pilots to accept improved deal

A FWC senior member has warned Virgin Australia pilots that if they reject a recommended offer, including what the TWU says is a "historic" pay boost of up to 21% over three years and a sign-on bonus, it will create "further uncertainty and prevent substantive pay increases" for all.


Portable LSL on way in SA

South Australia's Malinauskas Government is likely to soon secure passage of legislation establishing a portable long service leave scheme for the community services sector, with potential to build on it to include other sectors in future.


FWC bench mulls dispute powers

The FWC's power to deal with bargaining disputes extends to undocumented issues and topics merely "raised for discussion", a full bench has found.


"Kill threats" ahead of HSU seeking takeover of Victorian branch

The Federal Court this Friday will hear the HSU's urgent interlocutory application to put its Victorian No 1 branch into administration, after the union filed claims that branch leader Diana Asmar threatened to kill, sack and expose an employee who allegedly blew the whistle on her alleged misappropriation of funds.


Full court overturns ADHD/autism discrimination ruling

A full Federal Court has overturned a ruling that Sydney Trains unlawfully discriminated against a trainee driver it sacked for failing to disclose that she had ADHD and autism, finding a judge relied on a "number of interrelated assumptions" unsupported by evidence.


Misleading content in sacking letter excuses delay: FWC

The FWC has extended time for a worker's one-day-late unfair dismissal claim, finding his employer's "misleading" letter confirming his sacking resulted in his representative miscalculating the deadline.


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