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FWC issues production orders over unions' territorial tussle

The FWC has found it reasonably arguable that the NUW is involved in a coordinated approach to involve itself in bargaining at Linfox despite being ineligible to represent its tanker drivers, issuing production orders regarding a non-Linfox NUW delegate who seeks to be a bargaining representative.

Pilots laud new deal, questionable repayment clause included

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.

Full court shoots down Aerocare appeal

A full Federal Court has today dismissed an attempt to overturn the Fair Work Commission's rejection of a new enterprise agreement for aviation ground-handling company Aerocare.

FWC empowered by state safety laws: Commissioner

In a significant decision on the FWC's power to deal with clashes between agreements and state laws, a tribunal member has found that jurisdiction was established by a combination of health and safety considerations and the absence of legislative reference to exclusive arbitrators.

Employer's bland statement no assistance; & more

Bench says employer's "bland" description no help to BOOT assessment; FWC takes chainsaw to gardener's sacking; and Tribunal rejects bid to require witness to appear in person.

Rare ruling on business transfer arrangements favours new employer

In a significant addition to the jurisprudence around "arrangements" between transferring businesses, the FWC has rejected union arguments that the urgent use of an old employer's pathology equipment after a midnight handover should lead to continuing employees being retained on their existing, more generous enterprise agreement.

'Comic' employment contracts won't save the day...yet

So-called 'comic' employment contracts replacing dense legalese with images have been coolly received by both the peak employer and employee bodies, each expressing a preference for the power of words when it comes to interpretation and enforcement.


Catholic schools strike averted as new deal embeds arbitration rights

The IEU is recommending NSW and ACT Catholic school teachers and support workers vote "yes" to a revised deal breaking an extended deadlock over guaranteed access to FWC arbitration, while employers have committed to making a second back-payment to the start of the year.

Big construction pay rises push up bargained private sector increases

In a development that might fuel debate over the links between union power and wage rises, substantially above-average pay increases secured in the heavily-unionised construction sector have pushed bargained private sector wage rises off their recent historic low.