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FWC warns new Coles agreement could overrun deal termination case

The FWC looks set to reduce by a week its hearings into an application by Coles nightfill worker Penny Vickers to terminate the 2011 agreement, after warning that granting further extensions could render her case moot if the retailer gets a new agreement approved.


Couple working from home employees, not entrepreneurs: Court

A court has found a husband and wife who performed largely home-based clerical work exclusively for one business before their services were further outsourced were employees rather than contractors because the company had an "undoubted authority to control" the relationship.


FWC upholds sacking for uranium mine safety breach

The FWC has accepted that BHP Billiton's sacking of a worker who raised his safety visor to get a better look at an exploding smelter at a uranium mine was justified but harsh, stopping short of reinstatement, though, because of the company's "rational" loss of trust and confidence in him.


Bench referral would cause "unnecessary delay" to teachers' deal: FWC

Catholic school employers have failed to convince the FWC to refer to a full bench its challenge to the right of NSW and ACT teachers to take protected action on the basis their dioceses are not "single interest employers" as required by the Fair Work Act.


Court upholds BHPB rejection of organisers' pre-shift entry

The Federal Court has rejected CFMEU argument that the Fair Work Act's explanatory memorandum compels a finding that union officials are entitled to exercise their entry rights to hold discussions with members and potential members before their shifts begin.


Driver who exercised minimal control a worker, court rules

A driver who provided "little more than his labour" to a limousine company that obtained 90% of its work through ride-sharing service Uber has been found to be a worker under workers' compensation laws.


Multinationals' labour hire switch exposes "deficient" redeployment process

The FWC has identified "deficiencies" in management of redundancies by a mining services company that replaced its employee relief pool with on-hire workers, counselling that it should have given greater consideration to quarantining some positions for redeployees.


Sacked Woolworths worker denied legal representation

A warehouse team leader must match wits with Woolworths' in-house HR/IR managers over his unfair dismissal claim after the FWC refused to allow either party legal representation for what it determined was a matter "not complex enough" to involve lawyers or paid agents.


Big pay cut for CBA head of HR after axing of bonuses

CBA HR chief Melanie Laing has suffered a 52% pay cut following a decision by the company's board to cut to zero the short-term incentive payments for group executives, while a superannuation review has revealed about $16.7 million in underpayments to 36,000 current and former bank employees.


Dentist's adverse action claim a bridge too far: Court

The Federal Court has rejected claims an employer took adverse action against a dentist it threatened to sack for writing "pugnacious" emails, redirecting mail and refusing to attend disciplinary meetings, ruling that the last two actions amounted to him repudiating his employment contract.


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