A Fair Work Australia full bench majority has ordered the reinstatement of a mining worker who had 28 years of exemplary service, ruling that his sacking over a safety breach was "manifestly harsh".
In a crucial ruling on the ability of unions to put pressure on employers who refuse to bargain, a Fair Work Australia full bench majority has found the TWU had the right to pursue a protected action ballot action before bargaining commenced, and had no obligation to first seek a majority support declaration.
Fair Work Australia has waived a worker's unfair dismissal application fee for the first time under the Fair Work Act, after he challenged the earlier refusal by a delegate of the President.
A Fair Work Australia full bench majority has ruled it is reasonable for an employer to require a union organiser to meet with workers in a training room near managers' offices.
A FWA full bench has ruled that old awards can't be preserved indefinitely to fill gaps in the modern award system, but it has also made clear that it will consider employees' coverage status plus obligations imposed on employers in determining when to terminate transitional instruments.
A full court of the Federal Court has dismissed a further challenge by the AEU to the registration of a rival union under a new provision introduced in the Fair Work legislation.
Employers have left it too late if they wait until bargaining starts to begin engaging with their employees, according to three senior employer-clientele lawyers who have recently returned from their second IR study trip to North America.
