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FW Act lowers bar for suspending strikes: FWC

The Fair Work Act's provisions for ending safety-threatening industrial action are broader than those of its predecessor, a senior FWC member has ruled in her reasons for suspending planned NSW power industry stoppages earlier this month.


Labor promises to strengthen pregnancy, surveillance protections

NSW Labor will introduce new protections for women who are pregnant or on family-related leave, regulate employee surveillance outside of work, and reverse many of the Coalition's changes to public sector employment if elected on March 28.



Sacked assailant fails in adverse action claim

The Federal Circuit Court has rejected a worker's claim that she was dismissed because she refused to work overtime with a co-worker rather than because she had assaulted her several months before.


Offer not acceptable alternative, no scope to reduce payout: FWC

The Fair Work Commission has awarded full redundancy pay to a general manager who lost his position after his company acquired another firm, ruling that an offer of a different senior role at the same salary level was not acceptable alternative employment.


Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.


Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.


Inside job: Former FWC deputy president takes hatchet to tribunal

Just months after retiring as a senior Fair Work Commission member, Brendan McCarthy has launched an extraordinary attack on the tribunal's role and operation, claiming it is not the appropriate body to establish minimum standards, its members lack economic competence, and it misallocates resources.


Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.


ABCC Bill facing defeat

The Coalition's bill to re-establish the ABCC looks doomed in its current form, with two cross-bench senators already telling Parliament they will vote against it and at least one more set to do the same.


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