A FWC full bench has upheld the rejection of a mining company's deal after shortcomings in the way it was explained denied some workers a chance to cast an informed vote on whether to remain on the Black Coal Award and enjoy "far superior" redundancy benefits and a ban on casual employment.
A long-serving former employee of a company that deliberately restructured to offload severance obligations onto the publicly-funded FEG scheme has had his redundancy payout substantially increased, after the AAT ruled that a "grand chapel" deal with the AMWU "grandfathered" generous provisions in an earlier enterprise agreement.
A full Federal Court has extended the recent run of legal setbacks for casual workers, overturning a ruling that a mineworker should be paid a 25% loading on Fair Entitlements Guarantee payments after the labour hire company he worked for entered administration.
A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.
A FWC senior member who once served as Fortescue's HR manager has observed in the course of granting its bid to transfer outsourced workers to a direct-employment deal that doing the same work for lesser conditions "inevitably" leads to discontent and would be "unfair".
Spotless has been fined $17,500 after falsely telling an accountant who had worked at the company for more than 30 years that he would not be receiving a redundancy payment because of a change to the law.
In a case applying the High Court's new guidelines on contractors, a judge has rejected a worker's bid for leave, super and redundancy payments after finding he was not an employee despite averaging 38 hours a week over eight years for a solitary employer.
The AMWU has accused the Perth-based newspaper group controlled by billionaire Kerry Stokes of engaging in a "war of attrition" against its printers through a long-running lockout during stalled enterprise bargaining.
The FWC has ordered stevedoring giant Qube to offer redundancy to a Sydney-based employee unable to work since cruise ships stopped operating in early 2020, accepting that alternative work in Wollongong would be "a huge disruption" to his family life.
