The Fair Work Commission has criticised an employer representative who filed a draft enterprise agreement for approval without sufficient evidence that it had been seen or approved by employees, saying her explanations about the deficiencies "could at best be described as prevarication".
The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.
A Fair Work Commission full bench ruling has opened the door for unions to seek majority support determinations if they are eligible to represent a single employee to be covered by a proposed enterprise agreement.
Justice Ross finalises annual leave award review scope; Retailers appeal junior rates ruling; Court closes door on adverse action costs claim; and Mammone moves to AMMA.
The Fair Work Commission has rejected another employer application to create a modern enterprise award rather than be bound by a sector-wide modern award.
The SDA has successfully appealed against fast food and hair & beauty industry employers having greater flexibility in compensating employees for working on public holidays.
Ahead of a full Federal Court hearing next month of Toyota's appeal against a ruling that it breached its enterprise agreement when it pushed for changes, the FWC has found that a "no extra claims" clause in a Tasmanian energy agreement is invalid and therefore no barrier to the employer's application to vary the deal.
The Federal Court has overturned a ruling by the Federal Circuit Court that paint manufacturer Wattyl did not breach its enterprise agreement when it directed employees to take annual leave during a production scale-down in 2012.
The AiG will argue for a raft of annual leave changes as part of the four-year review of modern awards, including greater powers for employers to compel workers to take annual leave during close-downs and when accrued leave reaches "excessive" levels.
Parties seeking significant changes in the four-year review of modern awards will need to present "probative evidence properly directed to demonstrating the facts", the FWC review full bench has warned in a ruling issued this week.
