There is nothing inherently wrong with a "start up" business making with a small group of workers an enterprise agreement that will later cover a much larger number and a wider range of jobs, but it will need to pass the "better off overall test" for those future employees as well as the existing ones, a FWC full bench has confirmed.
The Federal Circuit Court has drawn a link between s-xual assault laws and the Fair Work Act's sham contracting prohibitions in finding that a floor repairing business was not "reckless" as to whether five of its independent contractors were actually employees.
The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.
The Fair Work Commission has warned the Dapto Leagues Club it might encounter difficulties enforcing its new policy against employee lip piercings or visible body art, noting the irony of its approach given "a majority of professional footballers" are "covered in tattoos".
The Federal Circuit Court has ruled that NSW employees on workers' compensation are entitled to accrue annual leave under the Fair Work Act, a situation that will be reversed if the Senate passes the Abbott Government's amendments to the federal legislation.
Qantas has won an appeal against a tribunal finding that two of its customer service agents had a right to indefinitely maintain a job-sharing arrangement.
A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.
The Fair Work Commission has found that the United Firefighters Union is not bargaining in good faith in pressing Victoria's Country Fire Authority to agree to minimum staffing levels in enterprise bargaining negotiations, and has ordered the union to drop the claims.
An ATO manager's conviction for indecency against a minor constituted a breach of the APS code of conduct that justified his dismissal, the Fair Work Commission has ruled.
