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Employers facing "minefield" after FWA ruling on response action

TNT Australia's axing during bargaining of approval for employees to have paid meetings with the TWU and for delegates to take leave for union activities constituted adverse action and unauthorised employer response action, Fair Work Australia has found.


Union seeks to sterilise "opt out" strategy

The Federal Court will next month hear a challenge by the CFMEU to Fair Work Australia's approval of an Xstrata subsidiary's agreement that allows existing and new employees to "opt out" of its coverage.


Law firm told employee about counter-offer: Appeal Court

The NSW Court of Appeal has overturned a finding that a solicitor from specialist employment law firm Fisher Cartwright Berriman failed to inform a constructively dismissed employee of an offer made during settlement negotiations with his former employer.


Coles admits NES pregnancy breach

Retailer Coles Supermarkets Australia Pty Ltd has admitted its treatment of pregnant employees breached the National Employment Standards, after an investigation by the Fair Work Ombudsman.


Fast food giants fail in enterprise award modernisation bid

Fast food giants KFC and Pizza Hut have failed in their bids to modernise their enterprise awards, with a FWA full bench holding that they hadn't made out a case to retain the instruments and that their operations didn't differ enough from others in the sector to justify a separate penalty rates regime.


Redundancy and LSL can't be bought out: FWA

A Fair Work Australia full bench has upheld a union's appeal against the certification of an agreement that bought out employees' NES entitlements to long service leave and redundancy.



ACTU says no trade-offs for 12% super; Lauds Ark Tribe

The ACTU has vowed to oppose employer attempts to seek wage trade-offs in exchange for higher mandatory superannuation contributions; and last night recognised building worker Ark Tribe in its national union awards.


Employers appeal JJ Richards ruling

The question of whether unions can seek to take protected industrial action when an employer refuses to bargain is set to be considered by a Fair Work Australia full bench, when it hears a challenge to Commissioner Harrison's recent JJ Richards decision.


Union's failure to respond fatal to strike ballot bid

FWA has ruled a RTBU bid for a protected action ballot was premature, because it failed to respond to an employer request for feedback on the reasons members voted down a proposed agreement.


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