The Federal Court has for the second time this month found that government-owned Airservices Australia failed to meet agreement obligations to consult over changes affecting air traffic controllers, despite its "valiant" attempt to distinguish between 'policies' and 'procedures'.
A full Federal Court has today made a formal declaration that IR advisor Employsure made false or misleading representations via its advertising on Google that it had government sponsorship or approval, after this month's crucial liability ruling.
The FWC has refused to renew the entry permit of a CFMMEU construction division organiser it previously directed to undertake "emotional management" training, finding his role in an unlawful 2018 strike showed promises to reform when elected WA branch president did not play out.
The CFMMEU has told the High Court an ABCC appeal raises the prospect of "double punishment" by inflicting maximum penalties for even minor contraventions based on past recidivism, with a risk that it could encourage contravenors to commit more serious breaches.
A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.
The Federal Court has reined in fines sought against a union official after accepting he organised a building site stopwork and unlawfully requested strike pay out of "guilt" for telling workers they wouldn't get in trouble for attending a "Change The Rules" rally.
The ABCC will ask a court to prohibit union officials from "crowdfunding" personal penalties in what represents a significant escalation of its on-going bid to combat contravening union conduct in the construction industry.
Coles has avoided millions of dollars in penalties for underpaying Victorian workers after relying on an agreement clause that conflicts with State long service leave laws, leaving a court concerned its "paltry" $50,000 fine sets a poor precedent.
In a novel use of the Corporations Act in an IR setting, logistics company DHL has secured an urgent interlocutory injunction to stop the UWU procuring alleged confidential information from about 60 shop stewards that might have given it a significant advantage in enterprise negotiations underway across the company's sites.
The Federal Court has today imposed $100,000 in fines and costs on the CFMMEU and a delegate who stopped work on a construction site due to safety concerns, but has criticised the ABCC for "over-egging" its case and of having "difficulty turning", like "a battleship in full steam" when it learned that the facts had changed.