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Reformulated evidence gets bench's nod

An FWC full bench has dismissed CPSU objections to accepting evidence "identical" to that previously ruled inadmissible in the Department of Immigration and Border Protection workplace determination case.


Full court backs award amendments without "material change"

The full Federal Court judgment rejecting the union challenge to reduced penalty rates in retail and hospitality has upheld the Fair Work Commission's power to change awards during reviews, even when there has been no "material change" in circumstances.



Hall succeeds militant McDonald at CFMEU

The CFMEU's construction and general division has elected ACT branch secretary Dean Hall to succeed militant veteran Joe McDonald as its national president.



FWC to refer false claims about agreement to Federal Police

In an unusual case in which a coffee chain franchisee has convinced an FWC full bench to quash its agreement after claiming it and an IR consultant provided false evidence to win its approval, the tribunal will refer their statutory declarations to the Federal Police to investigate whether they have committed any crimes.


Court to rule tomorrow on penalty rates

A full Federal Court will tomorrow hand down its ruling on the union bid to quash the Fair Work Commission's decision to cut penalty rates in the retail and hospitality sectors.


Tribunal considers whether unpaid training counts in unfair dismissal

The FWC has found a lawyer was not employed for long enough to qualify for unfair dismissal protection, partly because his unpaid work before his engagement as an employee benefited him "in his desire to be admitted to practice" more than it did the firm.


Discussions seek to narrow differences on domestic violence leave

FWC President Iain Ross says a one-day conference in Sydney on Friday will focus on unpaid domestic violence leave and a possible model term, with unions and employers yet to agree on how to define family and domestic violence.


Reinstatements might be on the rise

FWC members in NSW have suggested that a pilot program in the State that accelerates unfair dismissal claims has generated a rise in reinstatements, a senior tribunal member told a conference on the weekend.


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