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BHP asks High Court to overturn SJSP ruling

BHP's coal mining and in-house labour hire entities are seeking special leave to challenge the Full Federal Court ruling that upheld same-job, same-pay orders the FWC made for the resources titan's Bowen Basin mines.


Bench navigates delegates' rights pothole in motorway deals

A FWC full bench has approved two major infrastructure deals after receiving undertakings addressing its concerns about delegates' rights clauses in the wake of last month's full Federal Court judgment upending restrictive provisions the tribunal itself inserted in nine awards.


Anti-bullying workaround gives peace a chance

A senior FWC member has navigated his way around a barrier to issuing interim anti-bullying orders, providing another option to give a Hindu temple's head priest and his employer a chance to restore harmony.


Employer avoids big fine for misclassifying worker

An employer that underpaid an IT specialist it treated as a contractor for 14 years should have addressed the "uncertainty" involved, but its misdeeds nevertheless fell at "the lower end of the seriousness spectrum", a court has found in a penalty ruling.



Paid agent not promoting efficiency of case: FWC

The FWC has given short shrift to a part-time paid agent who claimed "other commitments" meant he was unable to meet a filing deadline, a senior member observing that the advocate's involvement had done nothing to improve the efficient disposition of an unfair dismissal matter.


"Mental confusion" raises questions about resignation: Bench

A wharfie who tried to rescind a resignation he delivered while apparently having paranoid delusions has won a second shot in claiming Hutchison Ports unfairly sacked him, with a full bench finding no reason to ignore the facts that surfaced after his employer accepted it.


WFH-preserving offer an acceptable alternative: FWC

The FWC has wiped-out the redundancy entitlements of two visa workers who shunned an alternative role that would have enabled them to keep working from their shared apartment.


FWC bench confines SJSP order to comply with court ruling

A four-member FWC full bench has made a new same-job, same-pay order covering only the Skilled Workforce labour-hire employee classifications that currently work at a Hunter Valley coal mine, following a full Federal Court finding that the tribunal's original orders had been too broad.


No stay for Chemist Warehouse multi-bargain authorisation

The FWC has refused to stay a single interest bargaining authorisation for six Chemist Warehouse franchisees while an appeal is underway, because it could "derail" negotiations for several months, when the permit only stands for a year.


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