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Court rejects advocate's appearance plea

The Federal Magistrates Court has refused to allow an unregistered employer association's non-legally-qualified advocate to appear in an unlawful termination case, despite his "vast experience" in IR over 35 years.



FWA clarifies principles for extending protected action

Fair Work Australia has rejected an employer's argument that a union bid for a further 30-day period to take protected industrial action should be refused because of evidence that a majority of employees might no longer support taking action, in an important ruling on when the tribunal will grant such an extension.


Manager fails in damages bid over GFC role change

A national logistics company has successfully argued it was entitled to require a national marketing executive to take on a lower-skilled role as part of GFC cutbacks, with a court rejecting the executive's claim for a $200,000-plus payout.


ILO makes strongest criticism yet of ABCC

The ABCC's operational focus has excluded workers in the building and construction industry from the protection a labour inspection system ought to provide them, according to the ILO.



Unfair dismissal or adverse action for sacked workers?

The low success rate for unfair dismissal cases in Fair Work Australia plus the limited remedies available means barristers representing sacked workers will generally prefer to run adverse action claims in the courts, according to a leading IR barrister.


Coalition PPL "paymaster" bill defeated

The House of Representatives today voted down Shadow Small Business Minister Bruce Billson's bill seeking to prevent employers having to act as "paymasters" for the Government's paid parental leave scheme.


Reith stirs pot on IR

Howard-era IR Minister Peter Reith has called for the reintroduction of statutory individual contracts and urged the Coalition to regain its mojo on IR, while Prime Minister Julia Gillard says the Fair Work Act is working as expected.


FWA President refuses to answer Opposition Estimates question

FWA President Justice Geoffrey Giudice relied on the Fair Work Act's privilege and immunity provision to refuse to answer an Opposition question on a missing award schedule during another tense appearance before Senate Estimates yesterday.


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