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Elder's ties to land favour reinstatement: FWC

An Aboriginal night patrol officer sacked for timesheet discrepancies has won back his council role after an FWC member took into account "very strong" ties to his remote community and the dearth of alternative employment opportunities.

Bench upholds factory hand's refusal to give finger

An academic has welcomed a significant FWC full bench finding that a worker's refusal to participate in fingerprint scanning did not justify his dismissal and warns that many employers lack awareness of their legal obligations and the potential consequences of biometric technology.

Majority scraps penalty imposed after Hutchison strike

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.

Victoria eases public sector bargaining strictures

Victoria's Parliament has passed legislation that will enable public sector workers to bargain for a wider range of matters, including minimum staffing levels and job security.

Can Gina's train deal glitch constitute a minor error?

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".


Court temporarily puts sacked OHS rep back in job

The Federal Court has ordered a construction company to reinstate an electrician until it decides whether it took adverse action by sacking him within 10 days of his becoming a health and safety representative and reporting suspected asbestos in a water tunnel.

Wage theft no anomaly, academics tell inquiry

Leading employment law academics have urged a WA inquiry to consider a growing body of evidence that wage theft is "not so much an anomaly, as a norm", while the AiG says that characterising under-payments as stealing is misleading.

Indemnity costs after teachers' refusal to settle

The Federal Circuit Court has ordered indemnity costs against two casual employees who refused offers to settle their adverse action and award breach cases for $10,000 and maintained their demands for $95,000 payouts.

FWC approves deal after non-compliant bargaining notice

The FWC has used new legislation permitting it to overlook minor technical or procedural errors in agreements to endorse an enterprise deal with a bargaining notice that failed to comply with the Act's pre-approval requirements.