Two landmark class actions allege that a BHP Billiton subsidiary induced two labour hire companies to unlawfully engage hundreds of coal mineworkers as casuals and pay them less than the industry award.
In a significant rebuff to employer attempts to accelerate agreement approval processes, a five-member FWC full bench as part of its "loaded rates" ruling has affirmed the requirement to apply the BOOT to each and every covered employee.
An FWC full bench has made a significant decision on what constitutes new activity when making greenfields agreements, after the CFMMEU described the deal as a "a cynical, industrially incorrigible and flawed attempt to bypass bargaining with its employees and their union of choice".
Toll has been given the green light to expand the use of in-cabin cameras and infrared fatigue monitoring systems for its long distance and liquid tanker drivers, the FWC finding them neither unsafe nor unreasonable.
A large employer's failure to tell an employee what claims were being investigated before conducting a recorded interview was among a number of flaws identified by the FWC in a procedurally "infected" dismissal.
An employer has been set the challenge of reverse engineering an agreement rejected on the basis it was not genuinely agreed, after the FWC observed that while achievable through undertakings it was nonetheless a "difficult task".
An FWC full bench has quashed a decision not to approve a deal struck between Thiess and three pre-contract employees on the basis it was not genuinely agreed, remitting the Mount Pleasant mine agreement to a single member for redetermination.
Virgin Australia can use pilots' entire final pay to meet increasing costs of training new recruits if they leave within three years, under a domestic pilots' agreement that the FWC has approved despite finding it "likely" that the clause is not a permitted deduction.