Court and tribunal decisions page 245 of 372

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Employers flag resistance to "onerous" annualised wage clauses

Ai Group says it will challenge an FWC full bench's series of draft model clauses imposing "onerous record-keeping requirements" and other complex conditions that it claims would negate the benefits of annualised wage arrangements.

Flawed HR investigation did not exonerate sacked worker: Bench

An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.

FWC halts lockout, orders new ballot

The Fair Work Commission has ordered an end to Glencore's lockout and a CFMEU picket at the Oaky North coal mine in Queensland, to provide a cooling-off period before a second vote on a proposed agreement on March 27.


Court decision chips at unions' liability for officials' breaches

A Federal Court judge has upended the recently-adopted precept that unions are vicariously responsible for entry breaches by officials under the Fair Work Act's 'liabilities of bodies corporate' clause, declaring that a close examination of related cases reveals no support for the contention.


Store owner fined for withholding $450,000 in union dues, super

The Federal Circuit Court has levelled a $75,000 fine and is expected to order more than $25,000 in compensation against the director of a liquidated supermarkets enterprise who withheld about $450,000 in union dues, superannuation and Easter rates from more than 200 employees.



Full bench authority on inherent requirements "plainly wrong": Ross

An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".