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Chief justice vows no return to open justice's "permissive" past

In a speech reflecting on the concept of open justice that draws on a case involving former IR Minister Christian Porter, Federal Court Chief Justice Debra Mortimer has acknowledged there is "frustration on both sides" since the court stopped making unrestricted documents available to non-parties "as of right" before a first directions hearing or a hearing.


Victorian crackdown on labour hire; & more

Victoria to crack down on construction industry labour hire; Minimum pay panel seeks feedback on proposed research; FWC guidance on adding employers to multi-deals; Amended report on High Court damages case; and Gig and transport codes apply from late February.


RtD clause alone not sufficient: Union

Professionals Australia has found the inclusion of a disconnect clause in an agreement or award doesn't go far enough and has drafted a model policy to drive the cultural change necessary to enable workers to exercise the right, which took effect in August for most workers.


Employer caught out by Scot's accent goes rogue

A FWC full bench has advised a worker of her right to enforce in court a seven-months-late $32,000 unfair dismissal compensation order, after it ruled that a commissioner correctly understood that the company misinterpreted her "this is shit" curse in her "thick" Scottish accent as "I quit".



FWO releases crime-shielding code

The FWO has published a guide to the newly-declared voluntary code for small businesses - said to be a blueprint for employers of all sizes - to protect themselves from criminal liability under Closing Loopholes wage theft provisions from January 1.


Unprotected action anathema to collective bargaining system: FWC

Unprotected industrial action undermines collective negotiations because it is "directly contrary" to the Fair Work Act's bargaining regime, Deputy President Gerard Boyce has held in his reasons for finding the UWU's "unlawful" picketing of Woolworths distribution centres breached its good faith bargaining obligations.


Qantas worker capable of signing settlement: Full court

A full Federal Court has refused to overturn a finding that a former Qantas employee possessed the necessary mental capacity when she signed a deed in 2008 settling her claims of s-x and disability discrimination.


Push for biggest small business rejig since Work Choices

COSBOA is seeking the most significant change to the statutory exclusion from employment protections based on business size since Work Choices almost 20 years ago, while it also wants to broaden its reach to exempt small businesses from multi-employer bargaining, complying with casual conversion and delegates' rights obligations and restrictions on fixed-term contracts.


Off-duty pamphleting not industrial action: FWC

The FWC has refused an employer's application to stop allegedly unprotected action, finding that two off-duty employees' distribution of campaign materials did not amount to industrial action because it did not alter their performance of work, or disrupt other workers.


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