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FWC bench upbraids member for failing to give reasons

It would have been preferable for an FWC member to have provided brief reasons for refusing to hear a non-party union's arguments against approval of an enterprise agreement, and she should have acceded to its request for access to the employer's statutory declarations, a full bench has found.

CFMEU to seek to overturn termination of AGL power agreement

The CFMEU expects to lodge an appeal early next week against yesterday's FWC decision to terminate the agreement for AGL Loy Yang's power station and coal mine because of the "intractable" bargaining dispute between the parties.

FWC criticises employer that pursued agreement ballot abstainers

The FWC has approved an enterprise agreement despite its "grave reservations" about the appropriateness of the company's ER manager obtaining a list of employees who abstained from the ballot for the deal and questioning them about their vote.

FWC upholds DP World's sacking of bullying "big fish"

The FWC has upheld DP World's sacking of a stevedore and self-proclaimed "big fish" in the MUA for bullying two colleagues who stepped outside a worker-maintained "system of control and internal discipline" by taking a complaint to HR.

High Court refuses Anglo's special leave bid on cashing-out

Anglo Coal is facing a seven-figure backpayment, after the High Court refused to grant it special leave to appeal a finding that a subsidiary breached its enterprise agreement by failing to pay employees correctly when they cashed-out personal/carer's leave.

Flight attendant accused of harassment to pay costs

The FWC has ruled that a cabin crew supervisor, who failed to convince the tribunal last year that his sacking for alleged sexual harassment was unfair, must now pay costs for continuing to pursue his claim after he rejected a $20,000 settlement offer.

BOOT involves "balancing exercise": FWC

An FWC presidential member has approved a bakery franchise agreement with undertakings, while emphasising that the BOOT involves a "balancing exercise" rather than a line-by-line comparison with underlying awards.

Indemnity costs against employer that rejected reasonable compromise

An employer must pay its former chief information officer more than $200,000 in interest on a $477,400 payout plus partial indemnity costs after it failed to convince Victoria's Court of Appeal that three offers of compromise it rejected in 2013 were not genuine.

Rebuff for ABCC bid to hold union leader responsible

The ABCC has failed in an attempt to convince a full Federal Court to deny CFMEU construction and general division Queensland branch secretary Michael Ravbar an entry permit because of his responsibility for the union's "culture of wilful disobedience".