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Full Federal Court weighs up Toyota "no extra claims" clause

Toyota's best chance of overturning last year's ruling that stopped its employees voting on the company's proposed changes to its Altona enterprise agreement appear to rest with its argument that the "no extra claims" clause in the deal is directly inconsistent with the Fair Work Act, after other appeal grounds fell away in argument before the full Federal Court yesterday.

FWC rules CFMEU record not a factor in entry permit bid

The Fair Work Commission has granted an entry permit to a CFMEU construction and general division organiser, rejecting the FWBC's argument that it was obliged to give weight to the union's poor record of compliance with industrial laws.

Employer pays for "naive and unacceptable" interpretation of employment contract

A finance broking house that issued a Brisbane-based employee five payslips in six years and employed him on a commission-based agreement that it believed did not entitle him to base salary, sick pay, annual leave and superannuation entitlements has been ordered to pay him almost $124,000 in penalties.


Court rules employer disciplinary breach not "trivial", awards compensation

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.


Axing IR standard in cleaning means "blind eye" to non-compliance: Academic

The federal government's decision as part of its "red tape" repeal campaign to rescind the IR guidelines for government cleaning contracts suggests it is "willing to turn a blind eye to labour law non-compliance by its own contractors", according to a procurement expert, Melbourne Law School associate professor John Howe.



Director partly successful in AWA accessory appeal

In another chapter of a long-running case involving a botched attempt to lodge AWAs, a former company director will have the penalty for her role in short-changing 33 call centre workers reduced after the Federal Court cut in half the period in which she was liable as an accessory to her company's breaches.