The Fair Work Commission has held that the "genuinely trying" test is not a "moral" code and has granted the MUA protected ballot orders despite accepting that an employer was "rightly aggrieved" by its bargaining conduct.
The Fair Work Commission has rejected an unfair dismissal claim by an overweight forklift driver after it found he had abused his managers after having received a final written warning for similar behaviour six months earlier.
Parties seeking significant changes in the four-year review of modern awards will need to present "probative evidence properly directed to demonstrating the facts", the FWC review full bench has warned in a ruling issued this week.
The Federal Circuit Court has rejected a club manager's claim that her employer breached adverse action and consultation laws when it made her redundant, accepting it did so for financial reasons.
A FWC full bench has cited insufficient clarity in the tribunal's unfair dismissal and adverse action claim forms as one of the reasons for upholding an appeal by a dismissed employee.
BHP Coal was entitled to dismiss a boilermaker who tried to return to work after a lengthy injury-related absence with "quite insufficient and generic medical information" and then refused to attend a company-organised medical assessment.
Former HSU national secretary Craig Thomson will be sentenced next Tuesday, after Lesley Taylor SC, for the prosecution, today told Magistrate Charlie Rozencwajg that anything less than an immediate custodial sentence would be "manifestly inadequate".
A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.
In one of the first rulings since meal rooms became the default meeting place for union discussions with employees, the FWC has refused to issue an order giving the NUW unfettered access to workers at a Coles distribution centre, despite finding that the chain's new right of entry policy is inconsistent with the Fair Work Act.
The Federal Court has issued a sweeping injunction to stop CFMEU construction and general division WA branch assistant secretary Joe McDonald from entering Brookfield Multiplex construction sites for nearly three years and ordered the union to pay the company $500,000 in compensation for strikes he incited at two major projects last year.
