An FWC senior member who considered a bus driver's submissions on procedural fairness to be "unduly pernickety" wrongly found he was properly notified and had a chance to respond, but a full bench has upheld his sacking.
In his first ruling on a CFMMEU matter since having his reins pulled by a five-member full Federal Court, Justice John Snaden has resisted "indulging" his doubts about the statutory basis for making the union liable for officials' breaches.
The SDA has accused Aldi of rushing through replacement deals before current ones nominally expire in order to weaken workers' negotiating position and avoid protected action, after the FWC approved a new regional agreement barely a year into the existing instrument.
A former chief executive's admission that it was "madness" not to have told investors he did not have outright ownership of the app at the heart of the business has put paid to his attempt to sue over alleged adverse action and oppression.
The Federal Court has held that a deal struck outside of an enterprise agreement cannot alter the FWC's jurisdiction to arbitrate, and nor do workers need to re-start dispute processes when a new agreement is approved.
After the FWC reinstated one of two truck driver TWU delegates involved in a punch-up, it has now upheld Toll's dismissal of the second driver because he lied during its investigation – a reason not relied on by the employer.
The FWC has found the MUA should have followed the NSW chief medical officer's advice to return to the docks after OHS representatives issued a "cease work" order in response to wharfies contracting COVID-19 in the early stages of the pandemic.
An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.
The NTEU is seeking to strengthen academic freedom clauses to protect university staff from "cancel culture" after a court found no legally enforceable right in measures relied on by sacked Sydney University lecturer Tim Anderson.
The FWC has rejected an "incompetent" bid by a company's employment services provider to vary an agreement that does not list it as the employer, questioning whether the deal was validly made in the first place.
