In a case likely to test whether an employer can argue one of a position's inherent requirements is not to publicly attack a business partner, a former manager will claim Cricket Australia took adverse action by sacking her for tweeting criticism of the Tasmanian Liberal Party's abortion policies.
In a significant win for FWO efforts to extend liability to advisors involved in underpayments, a Full Federal Court has today dismissed an accountancy firm's appeal against penalties imposed last year for failing to ensure a client met its award obligations.
Workers at a now-shuttered immigration detention centre have won retrospective payment of a remote district allowance on accrued annual leave, despite employer arguments that it was tied to time spent at the facility's location.
The big stick handed to the ABCC in the form of personal payment orders against contravening union officials has been whittled further with two Federal Court decisions reinforcing that past records and a clear appreciation of consequences must first be taken into account.
Employers are warning of "massive liability" and instability for all who engage casuals and unions say it could be harder to use labour hire to "drive down costs", after a full Federal Court upheld a finding that a labour hire casual was in fact an employee entitled to annual leave payments.
A Federal Court finding that CFMMEU construction and general division Queensland branch secretary Michael Ravbar engaged in coercion and adverse action may be raised in future proceedings about his fitness to hold an entry permit.
A Federal Court judge has evoked the memory of the BLF's deregistration in the course of handing out maximum fines to the CFMMEU for "deplorable" breaches by a past State branch president, suggesting that any organisation that fails to rein in aberrant behaviour "cannot expect to remain registered in its existing form".