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Red union president facing sack after appeal fails

The president of a nursing "red union" faces the sack from her hospital job after failing to persuade an appeal court that unauthorised media comments fell under protected industrial activity.

Wrong test applied over workplace fight case: Bench

A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.

State and federal wage theft laws operate in parallel, High Court told

State Labor governments intervening in a High Court constitutional challenge to Victoria's wage theft laws are arguing there is no inconsistency with the Fair Work Act that could void a criminal prosecution, in a case coinciding with the Albanese Government's plan to introduce federal sanctions of up to 10 years in prison and maximum fines of $8 million.

FWC entitled to extend strike ballot deadlines: Bench

The FWC is not acting beyond its powers when it allows extra time for compulsory conciliation meetings when setting protection action ballot deadlines, a full bench has concluded.

Employer cannot rewrite deal in its "afterlife": Bench

A FWC full bench has upheld a finding that Qube Ports cannot retrospectively vary expired agreements that no longer cover it in an attempt to avoid a major lawsuit over deductions of "gap" payments from up to 1000 wharfies' remuneration.

Sacked rail worker's "ambitious" appeal off track: Bench

A FWC full bench has acknowledged a railway station manager's "ambitious" claim that a member went "wholly outside" the available options when she upheld his sacking for failing to disclose serious criminal charges.

Law firm loses appeal against $185K ruling

A law firm has failed to overturn the "bulk" of a court decision to award a junior solicitor more than $185,000 in compensation and penalties after his sacking for making almost 250 complaints.

FWC bench failed to follow Act's script: Full court

A four-member FWC bench failed to properly consider whether an experienced train driver sacked after receiving a two-year community corrections order for high-range drink driving was notified of the reason for his dismissal and given an opportunity to respond, a full Federal Court has found today.