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Full court overturns reasonable overtime ruling

A full Federal Court has overruled a finding that a reasonable overtime hours clause in a coal loader's enterprise agreement gave it the power to increase extra weekly time from two hours to almost nine.


Woolies deal set for delay, despite workers' backing

Retail union RAFFWU says Woolworths Supermarkets workers' 93% vote for a new agreement will not affect plans to challenge its approval, nor its continued bid to terminate the retailer's nominally-expired 2012 deal before the new one clears the FWC.



High Court confirms December hearing for Unions NSW case

The High Court has today confirmed that it will refer a Unions NSW challenge to restrictions on spending by third party campaigners to a full hearing in December, with South Australia the first of several states expected to intervene.


Second chance for "free pouring" Manhattan cocktails case

An FWC full bench has granted a Qantas flight attendant leave to appeal his dismissal, finding that the Commission might have failed to properly explain his consumption of the equivalent of 14 standard drinks, rendering him unfit for duty.




Judge questions laws on docking pay for unlawful industrial acts

A Federal Court judge has questioned the "wisdom or fairness" of laws requiring employers to subtract four hours' pay for as little as 10 minutes unprotected action, after finding the AWU breached the Fair Work Act when an official asked a BlueScope manager not to dock returning strikers for starting a shift late.


Redundancy case to test "ordinary and customary turnover" provisions

Spotless is this week calling on the Federal Court to confirm that it is not obliged to pay severance entitlements to three Perth International Airport workers, including a veteran accounts manager, due to an exemption for ordinary and customary turnover of labour.


On-hire workers' adverse action claim seeks re-employment

Fruit pickers engaged under the Seasonal Worker Program are seeking orders that labour hire company Agri Labour re-employ them, in an adverse action claim that the employer says it will "strenuously" defend after settling their colleagues' underpayments claim.


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