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Federal Court full bench sets out redundancy rules

A full Federal Court has clarified the extent to which employers must investigate alternative roles for workers caught up in restructures, finding that a mining company had an obligation to assess whether employees could replace already-engaged contractors before making them redundant.

Supported bargaining bid looming for pre-schools

The IEU is planning to apply for a supported bargaining authorisation covering up to 40 NSW community-based preschools by the end of the month, pushing for increases of at least 25% for teachers who are paid far less than they would receive if they worked in a school.

FWO secures $75K AA penalty against sandstone university

A court has accepted that Melbourne University threatened two casual workers that "if you claim outside your contracted hours don't expect work next year" and when one worker tried to claim five additional hours it refused to further engage her, calling her a "self-entitled Y-genner" on a "crusade behind the scenes".

First SJSP cases might inform guidelines: Hatcher

The FWC is considering whether to provide a "generous opportunity" for organisations with a broader interest to participate in two MEU "same job, same pay" test cases that aim to lift the pay of Programmed and Workpac labour hire mine workers.

"Gov lawyer" claim to be investigated

A café owner penalised for ignoring a FWO compliance notice has been referred to a legal profession regulator after variously describing herself as a "Commonwealth public prosecutions Lawyer" and "Gov lawyer" in emails to a court.

Little room for "entrepreneurship" makes worker an employee: FWC

In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.

Offshore gas workers' stand-downs largely justified: FWC

An employer supplying well workers for offshore gas operations in the Bass Strait was entitled to stand down most of them when Esso suspended their services during industrial action, but the FWC has made a preliminary finding that a small yet "significant" portion might have been unauthorised.

FWC laments "like it or lump it" extra hours scenario

The FWC has expressed dismay at a large aged care employer's "shift bidding" system in which it offers part-time workers extra hours only at ordinary pay, recommending instead that each employee get a chance to cap how many such shifts they are prepared to work without receiving overtime rates.

Sacked Qantas workers face delay for compensation

Former Qantas ground crew seeking compensation for their unlawful sacking in 2020 will have to wait at least two more months after parties presented the trial judge with competing views about the cohort's continuing employment prospects.

FWC puts bank's zombie deals in the vault

Union support has not proved enough for a clutch of CBA workers to have their zombie AWAs extended, after a FWC full bench accepted the bank's efforts to ameloriate any losses arising from transferring to its existing enterprise agreement.