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Court reconsiders "ordinary and customary turnover" escape clause

In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.


Undertakings needed to correct MFB deal's "abhorrent" term

The FWC has rejected a contentious MFB agreement because of terms that hinder workers shifting to part-time employment and permit the United Firefighters Union to block flexible working arrangements, but it has left the door open for the deal's approval with undertakings.


12% immediate rise for labour hire mineworkers under new deal

An ASX-listed company that this week lost its bid to terminate an agreement in order to reopen one of its mines using more flexible arrangements has today welcomed a deal converting about 100 casual labour hire workers to permanency, with a 12% pay rise, at another of its mines.


IR consultant sacked solely over unsatisfactory work performance: VHIA

The Victorian Hospitals Industrial Association has denied discriminating against a veteran IR and HR consultant on the basis of his age or mental disability, maintaining it sacked him solely over allegations of unsatisfactory work relating to a major public health agreement.


Hamberger's retweet doesn't indicate bias: Bench

An FWC full bench has confirmed that it is "not generally appropriate" for tribunal members to publicly express their views on "matters of party-political controversy", but has found that Senior Deputy President Jonathan Hamberger was not obliged to recuse himself from a CFMMEU entry permit case after retweeting former minister Michaelia Cash's tweet that criticised the union.


Mine fails to terminate agreement covering no workers

An ASX-listed mining company has failed to persuade the FWC to terminate a 2011 deal no longer covering workers or an operating mine in order to make reopening viable, the tribunal finding in the interests of enterprise bargaining the company should first try to negotiate with the CFMMEU.


Seven-month "leave blackout" breached deal: FWC

A council's imposition of a seven-month "leave blackout" period in a quest for greater efficiencies has run foul of the FWC, the tribunal finding its failure to consult workers over the policy breached best practice and notification provisions in its agreement.


DFAT spurns human rights watchdog's discrimination finding

The Department of Foreign Affairs has rejected a recommendation by Human Rights Commission President Rosalind Croucher that it pay more than $120,000 in compensation to a labour hire IT worker it discriminated against because of his criminal record.


"Deplorable" HR approach worst I've seen: FWC member

A senior FWC member has held that an abusive "alt-right" employer unfairly sacked an apprentice for refusing to assist his pursuit of revenge against a former employee, describing the company managing director as having the most deplorable attitude to HR management she had ever encountered.



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