IR Minister Christian Porter has told the High Court that a Federal Court bench "erred" when it concluded that labour hire company Workpac could not rely on a legislative provision to offset loadings paid to the worker at the centre of a landmark case on casual leave entitlements.
A veteran musician accusing Opera Australia of using the pandemic as an excuse to weed out union activists was selected for redundancy after a panel of "experienced employees" ranked him below its orchestra's two other oboe players, according to the company's Federal Circuit Court response.
In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.
The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.
Further evidence of the green shoots of a recovery has been provided with today's release of ABS data showing that private sector pay rates excluding bonuses increased by 0.7% seasonally adjusted and 0.5% in original terms in the December quarter.
A Laing O'Rourke manager charged with overseeing the NSW Government's bushfire clean-up program has fought off a $150,000 costs security order as he challenges his summary sacking for allegedly intimidating property owners while partying during the recovery effort.
In a decision meticulously examining notions of bias, a FWC presidential member has declined to recuse himself at the same time as taking a swing at a lawyer arguing he breached a "golden rule" by privately communicating with a party seeking anti-bullying orders.
Australia's largest independent grocery retailer in defending a $20 million class action has admitted to breaching leave loading requirements, but otherwise denied it should have paid salaried employees for extra hours or recorded their additional time.
The FWC has made a rare costs order against an unfair dismissal applicant who filed her case while unsure if she had in fact quit in the heat of the moment, before discontinuing it less than 24 hours before the hearing.
A retiring presidential FWC member has used his final ruling to deliver a withering character assessment of a law graduate and question the benefit of GPs providing mental health appraisals in cases alleging bullying.
