A multinational company has won a rare stay on orders that it pay 173 former detention centre workers more than $130,000 in unpaid allowances, after the Federal Court found the union pushing their case had no record of their whereabouts.
A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.
An employer is not obliged to offer voluntary redundancies to workers who it will place in similar roles at the same pay when it reconfigures its product lines.
A worker's tardy pursuit of claimed underpayments under an old agreement has failed, the FWC agreeing with the employer that it lacked jurisdiction once a new deal was approved.
Employers with workers on annualised salaries have only to pay superannuation on standard hours at ordinary rates of pay, a full Federal Court led by Chief Justice James Allsop has ruled.
A veteran bank teller with grandchild caring responsibilities has persuaded the FWC that it would be unreasonable for her position to be relocated to branches requiring extra driving time of 70 minutes each day.
The head of La Trobe University's Law School has accused the institution's HR executive director of acting beyond her remit and taking disproportionate disciplinary action in breach of its agreement by suspending him following complaints by an IR academic and a law lecturer.
The FWC has affirmed BHP's right to introduce roster changes recognising "lifestyle arrangements" and made a call on what constitutes "significant" support for them, after the CFMMEU failed to establish that an agreement clause only allows for bottom-up instigation.
A full Federal Court majority has today rejected a judge's reasoning for ordering the MUA to pay a fine of just $38,000 for a week-long unlawful strike at Hutchison Ports' Sydney and Brisbane container terminals, but has rebuffed the FWO's contention that the stevedore should have been awarded $600,000 in damages it didn't seek.
The FWC has held that an agreement negotiated with two train drivers but set to cover an entire transferred workforce on the Roy Hill Pilbara mine network was not genuinely agreed, but it is asking whether this is a minor error that can be dealt with via an undertaking, "odd as that may be".
