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Deleting NERR's union references "herded" employees: FWC

A large employer's decision to excise union references from its representational rights notice has scuppered its proposed agreement, the FWC observing that employees were effectively being "herded" towards two colleagues who had negotiated the previous deal.


Court rules officials must show permits for safety entry

The Federal Court has closed a loophole under which union organisers maintained they could enter sites to discuss safety issues under state OHS laws without showing their federal entry permits.


CFMMEU conducts "sting" of its own as director fined $43,000

The CFMMEU has taken a leaf from the ABCC's playbook by invoking the High Court's 'personal payments order' decision in arguing penalties levied against an underpaying, bankrupt former director of a liquidated company should discourage such practices from being considered as "simply the cost of doing business".



1% of aged care residents enjoy staffing best practice: Report

As the Commonwealth considers a new funding model that assesses staffing needs for aged care homes, a royal commission paper says more than half the nation's residents are with providers offering an unacceptable number and mix of workers according to a world-leading measurement tool.



Tribunal scolds BHP for procedural fairness defects

The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.


Employer's underpayment hit doubled for missing paperwork

In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.


"Vague" task list no basis for sacking over productivity: FWC

In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.


Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.


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