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FWC rounds on representative over "shocking" witness statement

The FWC has extended time for a dismissal claim by 41 days due to errors by an IR representative, accusing him of "feckless and egregious" conduct in filing a client's witness statement without showing it to him first.

Big employer needed "open mind" on leave timing: Court

The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.

Super "amnesty" riles unions

The Morrison Government is making a renewed attempt to pass legislation granting employers an amnesty to report unpaid superannuation.

HR manager's "vague" knowledge of employees' work hinders deal

A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.

Deal approvals require more than "cursory gaze": FWC

A subsidiary of an established mining services company has failed to convince the FWC not to hear from the CFMMEU on a deal covering eight workers at the time it was made, purportedly because the Fair Work Act intends for small business to enter into agreements "without hindrance".

Split FWC bench upholds contentious labour hire deal

The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.

Employees can't "demand" flexible work arrangements: FWC

While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.

Order stopping industrial action premature: Bench

In a significant decision on how the Fair Work Act's provisions relating to time should be read, an FWC full bench has determined that a member erred when she imposed a 48-hour deadline on herself to order a halt to strike action rather than interpret the statute's "2 days" as giving her until midnight of the second day.