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"Inherent requirements" is of full job, not restricted one: FWA

FWA has quashed an earlier ruling that a brewery's sacking of a worker on restricted duties was unfair, holding that when assessing whether an employee can perform the inherent requirements of a job, it is the full position - not a modified one - that has to be considered.


3% Toyota deal; ABCC seeks ACTU help; FSU leaders returned; and more

Toyota agrees to 3% deal; ABCC asks ACTU to intervene in union dispute; Finance Sector Union leadership returned; FWA fixes award coverage loophole; Coalition introduces paid parental leave amendments; and Sydney IR barristers authors of new online employment law guide


Employees with high earning guarantees can still make dismissal claims: Stewart

Employers of high income workers who have entered into annual earnings guarantees that exclude them from modern award coverage have been reminded to "think again" if they believed those workers no longer had unfair dismissal rights; while a straw poll of the resources sector has revealed an overwhelming reluctance to allow any external review of decisions to refuse flexible work requests.


Court upholds restraints against accounting directors

Two directors of accounting firm BDO have been prevented from departing to a recently-established rival after the Victorian Supreme Court made interlocutory orders enforcing employment and contractual restraints against them.


AMWU to launch overtime phasing test case; Purvinas challenging disqualification; Net migration to drop 20%; and more

AMWU to launch test case on overtime phasing; Purvinas to challenge disqualification; Australia's net migration to drop by 20%, says DIAC; New FWA regulations on delegations; Calculator helps determine small business status; Abolish the ABCC, says ACTU; NSW to develop flexible work guidelines, audit pay equity; Macklin introduces consequential amendments to PPL bill; and Comparison schedule for 2B state awards.




You won't be reappointed, Gillard tells Lloyd

ABC Commissioner John Lloyd's five-year reign as head of the building industry watchdog is to end, with Deputy Prime Minister Julia Gillard - in a move described by the Opposition as "disgraceful" - advising him that he will not be reappointed when his tenure expires in September.


Qantas seeks penalties over "false" APESMA disruption claims

Qantas has launched Federal Court action alleging APESMA made misleading statements in the media exaggerating the effect its members' industrial action would have on the airline's operations, in a novel use of the Fair Work Act's general protections provisions.



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