A bottle shop attendant told by her manager that she would not be able to work in a bar while pregnant because it was "a bad look" has been awarded almost $40,000 in compensation and penalties, a court finding there was "no doubt" the employer breached adverse action provisions.
In a significant decision on the nature of work, the FWC has ruled that employees required to attend a worksite assembly point by a prescribed time before being transported to a pre-start meeting should be paid for the intervening period.
In a decision traversing some of the challenges of protecting hard-won conditions in a difficult commercial environment, the CFMMEU has failed to block the termination of a construction deal no longer covering any workers after the company argued its uncompetitive terms and conditions hampered its ability to win new contracts.
Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.
The FWC has dismissed Esso Australia's application to terminate the agreement covering offshore workers in Bass Strait, in the latest twist in a five-year bargaining dispute.
A senior FWC member has cautioned companies against sending dismissal decisions "up the line" without revealing the final signatory's name, observing such opacity could influence whether the process is found to be fair.
The FWC has upheld the dismissal of a BP technician who created and shared a Hitler parody video of the company's protracted bargaining with oil refinery workers, finding he depicted senior managers as Nazis and referenced details known only to those involved.
RAFFWU has warned Kmart that it should back pay workers tens of millions of dollars in minimum award entitlements or risk a bid to terminate its expired deal, after the FWC rejected its latest agreement over a BOOT failure and an "intentional" exclusion during voting.
The FWC has ordered the AWU to give a Victoria's main fuel supplier extended notice of five days if its members plan on taking two or more forms of industrial action at the same time.