First there was FWA Deputy President Peter Sams's list of "dos" and "don'ts", and now here is advice to advocates from the other side of the bench. Jim Pearce from Denman Chambers has appeared before industrial courts and tribunals for more than 30 years, and his lessons learned along the way include not committing the "cardinal" sin of confusing the two; trusting your gut reaction; and waiting until judges/members finish speaking before telling them they're wrong.
A long-serving Patrick employee who won a compensation order after being sacked for fighting has lost the lot, after a FWA full bench rejected his bid for reinstatement and found the company was justified in summarily dismissing him for misconduct.
Licensed aircraft engineers employed by Virgin Tech - Virgin Blue's aircraft maintenance operation - will impose bans on overtime and travel for work purposes from next Friday. Meanwhile, resource sector employer group AMMA has called for reforms to further restrict unions' ability to take protected industrial action.
Unions must prepare carefully to resist employer challenges to their protected action ballot applications, but recent Fair Work Australia decisions could lend some assistance to union advocates, a senior union legal officer says.
The CFMEU (mining and energy division) is pushing Rio Tinto to introduce new flatter pay structures for its train drivers, in move that directly challenges the company's longstanding practice of linking pay to individual performance.
Fair Work Australia has rejected a cleaner's claim that she suffered reduced pay rates, penalties and working hours under the industry's modern award, in the tribunal's first ruling on the Fair Work legislation's take-home pay provisions.
Four more years for Giles; New shadow IR minister for SA; Petition shows majority support, says FWA; and Employers need evidence of attention to young workers, FWA warns.
Parliament should legislate to resolve the tension between what the FW Act's explanatory memorandum says on permitted content in bargaining and Fair Work Australia's ruling in the CEPU No. 1 case, according to barrister Robert Reitano and lawyer Emma Maiden.
Sacking by SMS a genuine redundancy; Village Cinemas still the authority on genuine redundancy; No power to allow entry to investigate dismissal; Big employer wins right to be represented; Pharma company to reinstate worker sacked over safety failure; and Dismissal upheld of worker who failed to provide details about absence.
