Wesfarmers subsidiary Kmart wrongly permitted new recruits to vote for its latest agreement even though they were not engaged until after the access period, according to an FWC full bench that has nevertheless quashed an earlier rejection of the deal and invited submissions on an undertaking to provide choice of super fund.
In a decision that could have employers re-thinking standard travel and hours terms in agreements, the Federal Court has found in favour of a CFMMEU-backed class action that argued workers should be paid for transit time between security gates and their worksite.
The CFMMEU has taken a leaf from the ABCC's playbook by invoking the High Court's 'personal payments order' decision in arguing penalties levied against an underpaying, bankrupt former director of a liquidated company should discourage such practices from being considered as "simply the cost of doing business".
A looming Federal Court judgment on whether to grant security of costs to employers facing multi-million-dollar casuals class actions could make employment matters much less attractive to litigation funders, according to a law firm that is targeting the black coal mining industry.
The SDA has hit back at claims by RAFFWU that a Hungry Jack's deal awaiting approval in the FWC is the worst since the unregistered union's inception, rejecting contentions that it tries to "casualise part-time work" and denies workers a choice of super fund without paying enough to leave them better off.
The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.