A class action alleging sham contracting against a major marketing agency will proceed after a court dismissed arguments that it was impossible to rule on the employment status of more than 1000 claimants without examining their individual circumstances.
The FWC has found it reasonably arguable that the NUW is involved in a coordinated approach to involve itself in bargaining at Linfox despite being ineligible to represent its tanker drivers, issuing production orders regarding a non-Linfox NUW delegate who seeks to be a bargaining representative.
A tribunal has thrown out a union official's claim he was discriminated against on the basis of his psychological condition and industrial activity, instead finding that his dismissal after five months off work followed an "impossible" demand for assurances he wouldn't be sacked for outstanding disciplinary matters.
Uber has repelled another attempt to establish that it is an employer, despite the FWC finding that a driver's relationship with the ride-sharing business was of "some magnitude".
In a significant addition to the jurisprudence around "arrangements" between transferring businesses, the FWC has rejected union arguments that the urgent use of an old employer's pathology equipment after a midnight handover should lead to continuing employees being retained on their existing, more generous enterprise agreement.
In upholding the dismissal on medical grounds of a prison officer who was later declared fit, the FWC has noted his union gained permission to obtain a second opinion but also assisted him in making an ill-fated decision not to pursue it until after his termination.
An FWC full bench has reserved its decision in a case that looms as a significant test of what constitutes a new activity for the purposes of making a greenfields agreement.
The IEU is recommending NSW and ACT Catholic school teachers and support workers vote "yes" to a revised deal breaking an extended deadlock over guaranteed access to FWC arbitration, while employers have committed to making a second back-payment to the start of the year.
Two Esso Australia union delegates have failed to convince the FWC that their summary dismissals for isolating and abusing workers who accepted lower-paying contracts were unfair or in breach of the company's disciplinary policy.
Aerocare's 2500 workers today began voting on a new offer by the aviation ground-handler that seeks to cut through a thicket of litigation and hurdle strong opposition from the TWU and ASU.