FWC President Iain Ross's delegate has refused to refer to the Federal Court IR Minister Kelly O'Dwyer's "revolutionary" question of law as to whether the Fair Work Act allows indirectly discriminatory terms in agreements, while also flagging potential hurdles to her quest for a review of a new fire brigade deal.
After winning an interlocutory injunction reversing her suspension from Melbourne University, the head of its culture and communication school is challenging her employer's claim that legal advice received before appointing an investigator to probe possible misconduct is privileged.
The FWC has halted the dismissal of an air traffic controller who in the space of two months assigned the wrong runway and "lost" separation of aircraft at Sydney Airport, finding that "questions of fact" around the employer's obligation to manage his performance needed to first be settled.
RAFFWU is challenging the approval of a Kmart deal that won overwhelming endorsement from workers, claiming a refusal to provide an opt-out of the retail industry superannuation fund and 1c above-award pay rates will mean it fails the better off overall test.
A full Federal Court has upheld a finding that retailer Aldi issued invalid bargaining notices because it failed to strictly follow the mandatory content requirements when it replaced "employer" with "leader".
A university's decision to slash casual tutors' rates for online student support almost four years into an agreement has been endorsed by the FWC, despite the member observing that the deal's definition of tutorial harked back to his long-gone days at law school.
Stevedore DP World will have to abandon its plan to end an income protection scheme for its container terminal workers from Friday, after the FWC ruled its agreement with the CFMMEU's MUA division does not permit "unilateral cessation".
The FWC has approved a Melbourne fire brigade agreement after it accepted undertakings that override terms that hindered workers going part-time and allowed their union to block flexible working arrangements, while a challenge is still on foot to an earlier finding that discriminatory deals can still get up.
The Police Federation has failed to convince the FWC that Victoria Police's plans to introduce afternoon shifts breach their agreement, or that the potential for frontline officers to "bear the brunt" of community dissatisfaction made the change unreasonable.
The head of a prominent university school is challenging her employer's ability to suspend her from leadership duties while allegedly requiring her to continue teaching, as part of a wide-ranging Federal Court attack on its disciplinary process.
