A senior tribunal member has taken the rare step of steering an unfair dismissal claimant towards the FWC's free legal advice service as a means of counterbalancing any "potential prejudice" arising from his decision to allow an employer to be represented.
In rejecting an individual's claim that an ABCC notice to attend an examination was invalid as it did not enable her to decide whether she needed to answer all of its questions, the Federal Court has also contradicted the agency's position on the level of detail it must provide.
The Federal Court has held that the TWU made misleading statements linking Aldi's supply chain arrangements with a spike in road deaths but has found that it did not breach the Australian Consumer Law as it is not a trading corporation and did not make the claims in trade or commerce.
A senior FWC member has rebutted ABCC arguments that entry permit holders should not be "rewarded" for exercising their rights without incident, observing in the course of a renewal application that such behaviour simply be accorded "appropriate weight" when applying the 'fit and proper person' test.
An FWC full bench has quashed the approval of a Uniting Church agreement that the nurses' union said was "unworthy" of its secretary's signature after a claimed industrial gerrymander, finding an undertaking introduced "obvious financial detriment".
An FWC full bench has quashed the approval of deal negotiated with two train drivers but set to cover an entire transferred workforce on the Roy Hill Pilbara mine network, finding a senior member failed to properly consider whether the employer took all reasonable steps to explain the effect of its terms.
A proposed agreement requiring employees aged 50 and over to submit to more frequent medical examinations will be considered for approval only if the term is removed, the FWC has found.
An FWC full bench has rejected MUA Sydney branch secretary Paul McAleer's appeal against being denied an entry permit, finding a tribunal member held no obligation to signal that the official might have his rights withdrawn after 12 years due to a history of industrial law breaches.
A Federal Court full court majority has given a broad meaning to a section in the Fair Work Act's general protections that says employees must be "able to complain" to establish a breach of their workplace rights.
