A FWC full bench has decided to park its consideration of whether to bring forward the trigger for consultations in model agreement clauses after employers expressed "alarm" at the prospect of requiring it when proposing to introduce a major change rather than when they make a "definite decision".
An employer has clawed back just a fraction of costs it incurred in defending a "weak" and unreasonable unfair dismissal case after the FWC questioned why it needed lawyers to face off against a self-represented trainee nurse who "was not a formidable opponent".
The FWC has upheld the sacking of a Qube worker despite finding she was treated less favourably than two colleagues over a safety incident causing 20 train wagons to roll away, but it has suggested the employer "revisit" potentially disciplining the exonerated pair.
In a decision emphasising the importance of independent medical examinations, the FWC has found it was unfair to dismiss a cold storage worker over an inability to endure sub-zero temperatures without first heeding his doctor's advice to trial a reduced workload.
The FWO has launched a court case seeking penalties against former CFMEU construction and general division Victorian branch secretary John Setka and the union for allegedly attempting to coerce the AFL into sacking its head of umpiring, former ABCC commissioner Steve McBurney.
The High Court will next month begin hearing mining giant Peabody's challenge to a full Federal Court finding that it did not genuinely make workers redundant when it failed to consider whether it could redeploy workers to jobs performed by contractors.
In a ruling that closely examines tensions between agreements and awards, a judge has weighed the "sometimes overcomplicated" approach to interpreting industrial instruments and found that a deal's terms provided the most sensible way to determine shiftworkers' public holiday pay.
Growth in private sector rates of pay is continuing to ease, falling from 3.6% a year in trend terms to 3.3%, while public sector growth has also dropped, according to the ABS.
