The AMWU has failed to persuade a FWC bench to prolong the life of a near-20-year-old zombie deal while it attempts to capitalise on a majority support determination forcing long-time nemesis Cochlear to the bargaining table.
The FWC bench appointed to scrutinise a paid agent's future involvement in adverse action and unfair dismissal cases has asked a first tranche of 46 applicants to explain why they need to be represented by a firm recently described as having engaged in "unethical" practices.
An "ineluctable finding" that the AFAP could not persuade pilot members at a Qantas subsidiary to vote up a new deal supported by the union has helped convince the FWC that it should make an intractable bargaining declaration sought by the airline.
The High Court will consider whether employers' duty of care and consequent exposure to damages extends to providing "safe" disciplinary and dismissal processes that protect sacked workers from psychiatric injury.
The FWC has found understaffing weighed heavily on the mind of a custody officer sacked by Ventia for headbutting a door in frustration at a prisoner on the other side, noting it might be "unfair to apply the standards expected of angels to mere humans".
In a significant decision acknowledged as potentially being viewed as "undemocratic", a FWC full bench majority has found it has the power to make a workplace determination on contested bargaining matters after a deal has already been approved by the Commission.
Direct care workers in aged care will receive total work value pay rises of up to 28.5% after a five-member FWC full bench handed down its final ruling today.
An employer has failed to convince the FWC that it should reduce a worker's redundancy payment from 13 weeks to six, finding that although it secured another job for him on the same pay, losing private use of a company car meant the role was not "substantially the same".
The head of the FWC's registered organisations branch has warned Australia's second-biggest union that another decision-maker might not be so accommodating in approving a rule change advanced without conducting a formal vote.
