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FWA rejects bid to stay full bench reinstatement order

Fair Work Australia has rejected what Rio Tinto acknowledged was an "unusual" application to stay an earlier full bench order that it reinstate a coal worker sacked for a safety breach while it challenged it in the Federal or High Court.


14-day period starts from dismissal, FWA confirms

FWA has rejected an employee’s argument that the 14-day period for lodging his unfair dismissal began when his notice expired, rather than the date when he was told his employment had been terminated. However, the tribunal ultimately accepted his application out of time, due to representative error by his union.




Bench divides on exceptional circumstances test

The question of what constitutes exceptional circumstances to warrant accepting a late unfair dismissal or general protections claim remains unsettled, with the issue yesterday dividing a full bench.




CFMEU knocks off CEPU scope order bid

Fair Work Australia has dismissed a CEPU bid for a scope order after the CFMEU (furnishing and forestry products division) objected that it had not been properly notified of the application.



Agreements up, awards and individual deals down: ABS

Collective agreement coverage increased significantly while the proportion of workers under awards and individual agreements declined in the two years to mid-2010, according to new ABS data, while IR academic David Peetz has renewed his call for the Bureau to start collecting separate information on non-union agreements, due to their rising importance after the demise of AWAs.


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