A full Federal Court has clarified the extent to which employers must investigate alternative roles for workers caught up in restructures, finding that a mining company had an obligation to assess whether employees could replace already-engaged contractors before making them redundant.
A court has accepted that Melbourne University threatened two casual workers that "if you claim outside your contracted hours don't expect work next year" and when one worker tried to claim five additional hours it refused to further engage her, calling her a "self-entitled Y-genner" on a "crusade behind the scenes".
In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.
An employer is opposing a CFMEU request to have the FWC hold a joint post-PABO compulsory conciliation conference relating to two separate deals for its workers on the Cross River Rail project in South-East Queensland.
An employer supplying well workers for offshore gas operations in the Bass Strait was entitled to stand down most of them when Esso suspended their services during industrial action, but the FWC has made a preliminary finding that a small yet "significant" portion might have been unauthorised.
The FWC has rejected an employer's bid to limit the amount of confidential employee information it must give an independent agent ahead of a protected action ballot, while it has also refused to amend the proposed PABO to include a safety commitment.
The Federal Court has thrown out a "time barred" former ROC case accusing a MEU mining and energy division president of misusing his union credit card to cover a series of private expenses in the 2016 financial year, while also finding no evidence of dishonesty.
FWC member Bernie Riordan has dismissed a recusal bid, denying that he is biased towards tradespeople and against women, but will reallocate the case to preserve the tribunal's "scarce" resources.