A Federal Court judge has foreshadowed today that he will order a litigation funder to provide security for the potential costs of two IR class actions, while observing that such a move is unlikely to have a "stultifying" effect on the proceedings.
The FWO is prosecuting the operators of a Sydney restaurant for allegedly underpaying a skilled worker on a SubClass 457 visa by more than $150,000 while they maintained "overall control" of his bank account.
A construction company's refusal to to engage a non-union subcontractor at the CFMMEU's behest has now cost it $275,000 in penalties and compensation, with the Federal Circuit Court noting such conduct "has the potential to perpetuate a culture of submission".
The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.
A judge has in imposing a penalty on the CFMMEU for a worksite shutdown described as "something of a fiction" any belief that such fines will deter the union from future contraventions.
A bottle shop attendant told by her manager that she would not be able to work in a bar while pregnant because it was "a bad look" has been awarded almost $40,000 in compensation and penalties, a court finding there was "no doubt" the employer breached adverse action provisions.
An academic found to have been unlawfully dismissed by James Cook University over criticisms of prominent climate research has been awarded more than $1.2 million, the presiding judge excoriating the institution over its "egregious abuse of power" and public statements intended to "sow doubt" about his findings.
