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Judge questions laws on docking pay for unlawful industrial acts

A Federal Court judge has questioned the "wisdom or fairness" of laws requiring employers to subtract four hours' pay for as little as 10 minutes unprotected action, after finding the AWU breached the Fair Work Act when an official asked a BlueScope manager not to dock returning strikers for starting a shift late.

FWC shines light on "shadow" lawyer

A senior FWC member has upbraided a seasoned IR lawyer for speaking to employees of his large casino client during an unfair dismissal hearing, after it had been denied external legal representation.

FWC takes big swing at "unprofessional" lawyers

A tribunal member has strongly rebuked a legal firm for its "unprofessional" behaviour in missing a deadline to file material, lamenting that unlike golf tee times, FWC directions cannot be changed "at a whim".

Labor decries BP's deployment of "nuclear option"

BP Australia is seeking to terminate the enterprise agreement for its oil refinery in Western Australia, in the latest case of a big employer using what the Federal Opposition has dubbed the "nuclear option" to break a bargaining deadlock.

Woolies deal faces delay as challenge to old agreement gathers steam

The FWC says RAFFWU's objections to a Woolworths deal it expects to be voted up next week will delay its approval by "many months", as the tribunal orders the retailer to produce wage comparison documents to inform the union's bid to terminate the 2012 agreement.

In-sourced worker cleared to pursue dismissal claim

Toll's failure to specify that it would not recognise a worker's prior service with a labour hire company has left it open to his unfair dismissal claim, with the FWC finding he met the minimum employment period as the transfer of his work established a connection between his new and old employer.

Claimants multiply as labour supplier buckles before underpayment test case

A lawyer representing five labour hire fruit pickers who withdrew an underpayments test case after winning a $150,000 settlement says he would welcome a "global settlement" for other claimants, while the employer accuses the NUW of funding the litigation in an effort to extend its patch.

Reckless driving charge not established, FWC finds

The FWC has found a major civil construction company had insufficient evidence to sack for misconduct a worker it accused of driving a heavy truck towards a co-worker in a reckless manner on Sydney's WestConnex road project.

Compensation pared to maintain employer's viability

The FWC has substantially reduced the compensation payout to an underpaid sacked 457 visa worker because ordering a larger amount might have threatened his employer's viability.