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Franchisor told franchisee it could pay flat rates: Court

Two franchisee directors of a Chatime bubble tea store have had most of their underpayment penalties suspended after a court accepted they acted on their franchisor's advice that they could pay age-based flat rates.


Rio sacked me for COVID-roster complaints: Supervisor

A Rio Tinto fly-in-fly-out supervisor sacked after his car swerved when he picked up his mobile phone is claiming in an adverse action case that he was really ousted over complaints about working arrangements while stuck in WA due to COVID-19 restrictions.



"Forensic" decision on evidence sinks MSD bid: Bench

A FWC full bench has thrown out the AWU's pursuit of a majority support determination for a new agreement covering the Ichthys LNG project after finding the union provided "limited" evidence to show that workers met the threshold of being geographically and organisationally distinct.


FWO pursues CFMMEU over rancorous picket

The Fair Work Ombudsman has begun Federal Court action against the CFMMEU and five union officials stemming from the bitter 2017-18 dispute at Glencore's Oaky North coal mine in Queensland, which included a seven-month lockout and picket.


Hard to stomach, but BHP worker's sacking not harsh: FWC

BHP did not respond harshly when it dismissed a Thailand-based train driver for making a brief call about a worrying health matter while he travelled slowly along a remote Pilbara line, the FWC has ruled.


Full court's "unduly narrow" interpretation is wrong: Porter

IR Minister Christian Porter has told the High Court that a Federal Court bench "erred" when it concluded that labour hire company Workpac could not rely on a legislative provision to offset loadings paid to the worker at the centre of a landmark case on casual leave entitlements.


Redundancy about rating, not union links: Opera Australia

A veteran musician accusing Opera Australia of using the pandemic as an excuse to weed out union activists was selected for redundancy after a panel of "experienced employees" ranked him below its orchestra's two other oboe players, according to the company's Federal Circuit Court response.


FWC's arbitral powers maintained under inherited deal: Full court

In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.


Workers' comp "joke" no basis for sacking: Tribunal

The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.


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