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BHP resumes bid to secure labour hire agreements

BHP will next week make a renewed attempt to win approval for two in-house labour enterprise agreements, after an FWC full bench majority ruled last month that its failure to properly explain the proposed pay arrangements meant the workforce did not genuinely agree. 

ACTU lament as employers, government toast High Court leave case win

ACTU secretary Sally McManus has called for legislative changes to lock in 10 days paid personal leave each year for all employees regardless of hours worked, following a High Court decision today she claims blows a "massive" hole in the nation's defences against COVID-19.


Hitler parody worker wins $201K compensation, loses promotion

While ordering BP to pay more than $200,000 compensation to a reinstated worker who made a Hitler parody video of its protracted bargaining with oil refinery workers, an FWC full bench has allowed it to reduce his bonus and revoke a promotion.


Mental illness should have led judge to consider litigation guardian: Bench

A teacher claiming bullying "on a shocking scale" can proceed with his adverse action case after a full Federal Court found the lower court judge who dismissed the matter over mental health concerns failed to properly consider whether to appoint a litigation guardian.

Full court fuels questions over independent contractors

A full Federal Court led by Chief Justice James Allsop has expressed disquiet about how employment relationships involving labour hire companies and the rising gig economy are assessed, noting that only respect for decisions by other appeal courts prevented it reaching a different conclusion about a backpacking labourer's status.

Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.

BHP labour hire deals not genuinely agreed: FWC

BHP's attempt to win approval of two enterprise deals to entrench an in-house labour hire company that now employs more than 2000 workers across its mining operations has been dealt a major blow by an FWC full bench majority, which has ruled that its failure to properly explain pay arrangements meant the workforce did not genuinely agree.

Union lawyer's oversight no excuse: Bench

A union legal officer's mea culpa over unread emails has not been enough to salvage a late appeal against an agreement, after an FWC full bench found it did not excuse such a "sophisticated" organisation failing to identify that the contentious deal had won approval.