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Lockdown did not undermine in-person vote on deal: FWC

The FWC has called out a union bargaining representative for his "unexplained" change of heart about in-person voting for a new deal occurring during a COVID-19 lockdown, noting that his opposition only surfaced after the non-appearance of two holidaying workers helped it get up by a slim margin.

Prior conduct fines could worsen breaches, union tells High Court

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.

$2m adverse action case puts uni tenures under microscope

An academic's $2 million adverse action case against a university's HR department has been transferred to the Federal Court, a judge observing that its outcome has "significant" implications for the tertiary sector's ability to scrap tenured positions funded by endowments.





Court reduces shortchanging fine due to lockdown impacts

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.

ABCC's picketing claim crossed the line: Judge

A Federal Court judge has set a limit on the construction watchdog's use of anti-picketing laws to bring unions to heel, observing that "while picketing involves obstruction, not every obstruction is a picket".

Manager's 10% pay cut was a dismissal: FWC

A decision by NSW Trains to discipline a manager by shaving almost 10% off his annual pay constituted a dismissal even though he remains in the job and such action is allowed by its agreement and governing regulations, the FWC has held.