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"Incapacitated" employee fails in adverse action claim

A federal government department did not take unlawful adverse action against a former employee who was given several opportunities to exercise her workplace right to a re-examination of her retirement on the grounds of incapacity, the Federal Magistrates Court has ruled.


Tribunals rule on anti-discrimination exemption applications

Discrimination tribunals have granted an exemption for a women's prison to set a 50% female quota for senior management roles, while finding no exemption is required for a government department to give employment preference to local indigenous people.


Draft bills target phoenix companies

The Federal Government has released for comment two draft bills aimed at cracking down on "phoenixing" arrangements by companies.


FWA reinstates driver sacked over "pub talk" Facebook comments

Fair Work Australia has found a Linfox truck driver's comments about managers on what he believed to be a private Facebook page didn't justify his dismissal and has criticised the company for failing to keep pace with other large employers that have "detailed social media policies" and make substantial efforts to educate their employees about them.



Broad terms of reference for Fair Work Act review

Good faith bargaining and dispute resolution get a specific mention while IFAs and adverse action don't, but according to RMIT's Professor Breen Creighton, the review of the Fair Work Act announced today by Workplace Relations Minister Bill Shorten is broad enough to allow parties to raise any issues they have with the legislation's operation.


Schweppes seeks bargaining order to halt "unlawful" picket

In a novel strategy, Schweppes has sought to halt what it claims is an unlawful picket outside its Tullamarine production facility via bargaining orders rather than seeking a Supreme Court injunction.


Shorten reveals details of Fair Work Act review

A three-member panel made up of Reserve Bank board member John Edwards, former Federal Court judge Michael Moore and Sydney University Emeritus Law Professor Ron McCallum will conduct the review of the Fair Work Act, Workplace Relations Minister Bill Shorten announced this afternoon.


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