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Union's PABO application backfires

In a decision highlighting the difference between "genuinely trying to reach agreement" and "good faith bargaining", the FWC has rejected an HSU application for a protected action ballot order and found its own conduct wanting.


Employer secures unprecedented bargaining extension

The FWC has for the first time retrospectively extended a single interest employer bargaining authorisation, avoiding the need for a group of schools to obtain a ministerial declaration after 14 months of negotiations and a successful second ballot.


FWC backs BHP contractor's sacking over unreported head "bang"

The FWC has reinforced the importance of following safety guidelines to the letter in upholding the dismissal of a scaffolder whose sore hands proved to be the result of hepatitis rather than a head "bang" he took more than a week to report.



Include 25% casual loading in FEG payout: Court

In what the CFMMEU is hailing as another win in a similar vein to the landmark Skene and Rossato rulings, the Federal Court has overruled the Attorney-General's Department's "parsimonious" refusal to include a 25% casual loading in a mineworker's FEG payout.


Consultation required before coronavirus layoff: FWC

A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.


Worker should have raised concerns with HR, investigator: FWC

In throwing out a constructive dismissal claim, the FWC has rejected a former Westpac employee's allegation that a "complicit" bank executive undermined the legitimacy of an investigation that exposed "kickbacks" she received for referring customers to an external broker.



High Court grants special leave to appeal contractor ruling

The High Court has today granted special leave for an employer to challenge a court finding that two truck drivers who worked exclusively for a multinational for almost 40 years had an entitlement to unpaid leave and superannuation entitlements.


Deloitte concedes expectation of retirement at 62

Deloitte in defending an auditor's age discrimination case admits telling him it expects partners to retire once they turn 62 but claims he has suffered no loss given he has chosen to stay on.


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