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FWC's arbitral powers not altered by side deals: Court

The Federal Court has held that a deal struck outside of an enterprise agreement cannot alter the FWC's jurisdiction to arbitrate, and nor do workers need to re-start dispute processes when a new agreement is approved.

Union invites BHP to negotiate in-house labour hire deals

The CFMMEU's mining and energy division has stepped up its push for BHP Billiton to negotiate enterprise agreements at its two in-house labour hire companies, giving notice it wants to formally initiate bargaining.

FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.

NTEU bemoans "cancel culture" as court upholds academic's sacking

The NTEU is seeking to strengthen academic freedom clauses to protect university staff from "cancel culture" after a court found no legally enforceable right in measures relied on by sacked Sydney University lecturer Tim Anderson.

WFH needs structure and guidance from employer policies: Study

Working from home is here to stay and will be "more effective for all" if it is supported by formal policies, hours are "relatively fixed hours" and it is voluntary, according to one of two university studies commissioned by the FWC as it considers inserting a WFH clause in the clerks award.

"Fatigue" blamed as employers fail to close equity gap

With the WGEA blaming "gender equality fatigue" for a substantial drop in employers taking action on pay equity, new research suggests "tired" managers' lack of understanding and ownership is impeding their ability to drive change.

Commission limits junior rates in retail award

An FWC full bench has decided to abolish junior rates in the Retail Award for all but the lowest three classification levels, with any submissions to be filed by next Tuesday opposing its provisional view that the variation should start in February.

Court overturns executive's $1 million payout after HR stoush

A company forced to reinstate a senior executive sacked more than three years ago after a stoush with a HR manager has successfully appealed, with the Federal Court to redetermine his adverse action case if not resolved at mediation.

Full court affirms unions' liability for officials' breaches

In a momentous ruling on unions' liability for officials' breaches, a full Federal Court has upheld a finding that the CFMMEU was "knowingly concerned" in organisers' refusal to show permits when entering a site to discuss safety issues.

Policy left employer with no choice but to sack worker: Bench

A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.