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Federal Court returns serve, but not sham contracting case

The Federal Court has criticised the Federal Circuit Court for ignoring a protocol between the two judicial bodies in its decision to transfer a sham contracting matter to it, but will hear the case to avoid a "tennis match".


Phone porn part of valid reason, but procedure makes dismissal unfair

A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but "substantial" procedural deficiencies made the dismissal unfair, the Fair Work Commission has ruled.


Tax workers next in line to take action

Further federal public sector industrial action is looming, with the CPSU preparing to apply for a protected action ballot at the 20,000-employee strong Australian Taxation Office.


Royal Commission fee bonanza for Minters, Stoljar

Law firm Minter Ellison is being paid almost $8 million for its work on the Heydon Royal Commission, while counsel assisting Jeremy Stoljar QC is receiving about $3.4 million.


Full bench rules on meaning of "redundancy"

A Fair Work Commission full bench has cleared the way for a group of workers laid off when their employer lost a major contract to secure severance pay.



No conflict of interest for driver "freelancing" while on annual leave

The Fair Work Commission has awarded $12,864 compensation to a truck driver sacked for working for one of his employer's clients while on annual leave, holding he had no conflict of interest and didn't have to disclose what he planned to do in his time off.



Worker who failed drug test not constructively sacked

A power plant operator who resigned to protect his termination entitlements after failing a workplace drug test was not constructively dismissed, the Fair Work Commission has ruled.


Bench quashes CFMEU entry permit suspensions

A FWC full bench has overturned the suspension of 12 CFMEU officials' entry permits, finding that the original sanctions were not linked to the resolution of an ongoing right of entry dispute but appeared to be punishment for past bad behaviour.


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