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Bench overturns ruling on location for union discussions

In a important decision on right of entry, an FWC full bench has permitted the CFMEU to hold discussions in a BHP Coal mine's dragline crib rooms, overruling a previous finding that that the areas were not fit for that purpose.


Bench says law must keep pace with technological change

An FWC full bench has today overruled a decision that an employer breached good faith bargaining obligations when it insisted on conducting enterprise agreement negotiations by teleconference rather than face-to-face meetings.

Summarily-dismissed GM fails to establish adverse action

A general manager sacked for going" behind the back" of his employer to allegedly block the sale of the business has failed in his adverse action claim but has won than $30,000 in damages after a court ruled his misconduct did not warrant summary dismissal.

Tribunal ruling a win for FIFO workers

An electrical contracting company on the Ichthys LNG project failed to comply with its agreement when it gave its FIFO employees notice of retrenchment immediately before a rest and recreation period, the FWC has ruled, in a decision with implications for employers of non-residential workforces.

Representative error not automatic reason to extend time: FWC

A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.


Transfer to vulnerable position before redundancy not adverse action

Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.

Christmas party misconduct justified sacking: FWC

The FWC has upheld the dismissal of an employee who harangued a colleague before pushing him fully clothed into a swimming pool during the company's Christmas party.