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FWC has no place tweaking approved deal: Full court

A full Federal Court has quashed a first-of-its-kind FWC full bench majority finding that the tribunal has the power to make a workplace determination on contested bargaining matters after an agreement has already won approval.


Bench weighs in on "inadvertent" policy breaches

Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.


Worker dismissed for sending harassing emails after collision

A worker's continued refusal to take responsibility for a workplace car accident and his "highly inappropriate" emails criticising the investigation of the collision warranted his dismissal, the FWC has ruled.


McDonald's has different take-away from ACTU, SDA

Ahead of a full bench hearing next month, the ACTU says the FWC should grant the SDA's landmark supported bargaining application because it meets the key "common interests" prerequisite, while McDonald's argues that its franchisees don't meet the criteria.


RtD no barrier to workers providing evidence to FWC

Workers have no right to disconnect from FWC proceedings and the Commission can order them to attend or give evidence outside of work hours, a presidential member has confirmed.


Lawyers' alleged settlement deed doesn't pass muster: Court

Two senior corporate lawyers will resume their pursuit of millions in compensation from Super Retail Group after the Federal Court rejected their claims that an enforceable settlement had already been agreed, while a full court will soon separately hear the employer's appeal aimed at suppressing details of its settlement offer.


Unions cleared to pick apart three-worker agreement

The FWC's edginess over small-cohort deals has come to the fore again after a member exercised his discretion to allow unions to insert themselves in the approval process for an agreement voted up by three workers, despite having no standing as bargaining representatives.


$120 million in compensation for sacked Qantas workers

Qantas will pay $120 million into a fund to compensate about 1800 former ground handling workers for economic and non-economic loss they suffered as a result of the airline's unlawful outsourcing their jobs during the pandemic, though it is not yet clear how much each individual might receive or how this is to be determined.


Employer caught out by Scot's accent goes rogue

A FWC full bench has advised a worker of her right to enforce in court a seven-months-late $32,000 unfair dismissal compensation order, after it ruled that a commissioner correctly understood that the company misinterpreted her "this is shit" curse in her "thick" Scottish accent as "I quit".


Unprotected action anathema to collective bargaining system: FWC

Unprotected industrial action undermines collective negotiations because it is "directly contrary" to the Fair Work Act's bargaining regime, Deputy President Gerard Boyce has held in his reasons for finding the UWU's "unlawful" picketing of Woolworths distribution centres breached its good faith bargaining obligations.


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