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Decision-maker uncertainty fatal to adverse action defence: Court

In a case highlighting the need for employers to precisely identify decision-makers when defending adverse action matters, the Federal Court has expanded an academic's claim after accepting that a judge failed to "isolate" who at a leading university was responsible for making allegations of serious misconduct.


"Misleading" claims sink labour hire deal

A labour supplier has failed to win approval of a deal for casual black-coal mineworkers after making "misleading" claims of higher pay rises and telling the FWC they should be treated as "award free" when applying the BOOT.


Perth "triggering" effect scuttles transfer bid

A Federal Court judge has refused to transfer a safety executive's adverse action case from Sydney to Perth, partly because of her claim that simply setting foot in the city where she was sacked has a "triggering" effect on her mental health.


Agreement voters had insufficient stake: FWC

The FWC has rejected a proposed agreement that disadvantaged low-paid casuals because the workers who voted on it did not reflect those who would be worse off.


FWC GM spells out his role in CFMEU administration

FWC general manager Murray Furlong has confirmed he can investigate whether the scheme for administering the CFMEU construction and general division is being effectively implemented and will continue to monitor its compliance.


HSU blocks branch funding of Asmar defence

Under-fire HSU branch leader Diana Asmar has been ordered not to use union funds to cover the costs of defending FWC allegations that she received "cashbacks" and unwarranted reimbursements, while also being directed to provide undertakings not to initiate any further reprisals against three officials who maintain that the branch no longer operates effectively.


Lawyer's failure to specify deadline contributed to delay

A lawyer's "significant omission" in failing to specify the deadline for a self-represented worker to lodge his unfair dismissal claim, despite sending the worker a costs agreement on that date, contributed to the delay and warranted a one-day extension, the FWC has found.


Pilots back revised Virgin deal

FWC-brokered improvements have secured Virgin Australia's narrow-body jet pilots' substantial support, on the second attempt, for a deal that delivers a 15% upfront base wage increase.


SJSP's shadow aided parity win at Qantas: Union

Qantas has agreed to top-up the pay of freight workers at subsidiary Australian Air Express by almost $7000 a year to achieve parity with their directly-engaged colleagues after the ASU raised the prospect of lodging a same-job same-pay claim.


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