The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.
A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.
A subsidiary of an established mining services company has failed to convince the FWC not to hear from the CFMMEU on a deal covering eight workers at the time it was made, purportedly because the Fair Work Act intends for small business to enter into agreements "without hindrance".
The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.
While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.
The FWC has for the second time thrown out a Sodexo offshore deal after hearing its HR manager and an employee involved in bargaining did not understand a swathe of significant changes, leaving "no confidence" it was properly explained to others.
The FWC has lashed a government department for leaks that sabotaged the job prospects of the former head of its art leasing program after he resigned in the face of adverse misconduct findings.
