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FWA confirms OHS notice served on Australia Post

Fair Work Australia has affirmed a notice issued to Australia Post by a Comcare investigator, directing it to take further steps to assess and improve the safety of its new postal delivery vans.


Wrongly accused "drink driver" gets job back

An employee sacked for breaching the Australian Rail Track Corporation's drug and alcohol policy has been reinstated by Fair Work Australia, after it found insufficient evidence that he had been consuming beer while driving the employer's vehicle during working hours.




FWA bench upholds sacking on basis of covert tracking device

A Fair Work Australia full bench has found a trucking company was justified in sacking a truck driver after a covert tracking device revealed he had purportedly been speeding on 24 occasions on a single trip, at up to 130kmh.




Commonwealth Bank bargaining in bad faith

Fair Work Australia has made a bargaining order against one of the nation's largest employers, the Commonwealth Bank, after finding it acted in bad faith when it awarded unilateral pay increases to its employees while at the same time refusing to put a pay offer on the table in negotiations with the FSU.


ABCC takes CFMEU's side in right of entry case

In a rare example of the ABCC arguing that right of entry laws were wrongly used against a union rather than by one, a full bench of the Federal Court has upheld the watchdog's appeal against an earlier finding that two CFMEU officials acted improperly in seeking access to a site to investigate an OHS complaint.


More lessons for advocates, from the other side of the bench

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.


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