Court and tribunal decisions page 221 of 374

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Court issues rare common fund order for IR class action

In a first glimpse of common fund orders that law firm Adero plans to seek in a suite of IR class actions, the Federal Court has given hundreds of current and former Airservices Australia managers until mid-December to opt out of an underpayments case or be bound by its payment terms.

Unattended petition enough to win majority support determination

The FWC has further clarified the circumstances in which the signatures of a majority of workers can compel an employer to bargain with a union, finding that inviting employees to add their names to a petition occasionally left in an unlocked car did not reduce its force.

Jobs Department's chief counsel met with Workpac post-Skene

The Jobs Department has told a Senate Estimates hearing that it met with labour hire company Workpac following the full Federal Court's crucial casual leave decision in Skene, but that it hasn't drafted a Bill to address the ruling.


Court tells BHP Coal to let on-hire worker in; FWC responds

In an important interlocutory ruling, the Federal Court has today restrained mining giant BHP Coal from stopping a reinstated labour hire mineworker returning to the job at its Bowen Basin coal mine.

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".

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.