Keane defends High Court's approach to worker's freedom of expression; BHP in-house labour hire arm faces court over Xmas shifts; Gig work the new "Hungry Mile"; and Further objection to proposed enterprise union.
A senior FWC member's failure to seek the details of a construction employer's pre-ballot explanation of its proposed agreement has led to it being quashed, after a full bench rejected the proposition that the company could rely on its sworn statement about the process.
An FWC full bench has criticised the SDA for its approach in challenging a Prouds Jewellers deal after the union neglected to provide modelling or analysis in support of claims that it failed the better off overall test.
In a significant ruling on FWC powers, food manufacturing giant Simplot Australia has overturned a finding that the tribunal can keep dealing with disputes brought under old agreements once a new deal comes into effect.
An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.
A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.
A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.
The head of a government agency's investigations unit has failed to halt an investigation into her own behaviour, an FWC full bench finding the tribunal required more evidence of alleged bullying before it could issue such orders.
While acknowledging the potentially "considerable" impact on a probationary doctor's career, the Federal Court has on appeal rejected that her bullying complaints were the real reason for her sacking, rather than her breach of professional boundaries and directions on confidentiality.
BlueScope Steel has for the second time in a year succeeded in challenging the reinstatement of a worker dismissed for a critical safety breach, an FWC full bench resoundingly rejecting a tribunal member's characterisation of the incident as "minor".
