Court and tribunal decisions page 208 of 368

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FWC backs MSDs as mega-project nears completion

The FWC has issued majority support determinations requiring two major engineering companies to bargain with CEPU members on the Ichthys LNG project, despite the employers' protests that work will be complete before any agreement could be reached.

Deals sunk by HR team's "deficient" roadshows: FWC

The failure of a construction company's HR team to adequately explain two proposed "baseline agreements" or provide access to relevant awards has proven fatal to their approval, the FWC finding that other issues of non-compliance could have been dealt with by undertakings.

Big costs order against "extortionate" HR advisor

A court has ordered a former HR/OHS coordinator to pay $35,000 in costs after he unreasonably refused substantial offers to resolve an adverse action case against his employer and four managers and made what was "at worst" an extortionate attempt to increase its settlement offer.

Court bites back against 7-Eleven cash-backs

The Federal Circuit Court has fined a former 7-Eleven operator more than $154,000 for using a cash-back scheme to circumvent a biometric payroll system introduced by head office to stamp out underpayments.

FWC kills off "zombie" deals

Thousands of retail and hospitality workers sitting on lower-paying "zombie" deals will revert to their respective awards from early March after the FWC terminated a 2007 agreement for Justin Hemmes' Merivale hospitality company and a 2011 Specialty Fashion Group deal.

Action stopped to avoid economy-damaging refinery shutdown: FWC

The FWC earlier this month halted industrial action at BP's Kwinana oil refinery after it accepted that a shutdown of up to a fortnight would be the "unavoidable and inevitable consequence" of protected bans and limitations by AWU members.

FWC bench installs signposts to speed deal approvals

An FWC full bench has issued guidance for the approval of enterprise agreements containing minor errors, finding that employers can give as little as four days' notice of voting and alter the text on template forms as long as workers are not disadvantaged.

Case to test employers' right to impose biometric bundy clocks

A full bench has allowed an employee to challenge his dismissal for refusing to use his employer's fingerprint scanning technology that monitored attendance and tracked shifts, finding the case raises "important, novel and emerging issues".

Court reconsiders "ordinary and customary turnover" escape clause

In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.