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Transfer to vulnerable position before redundancy not adverse action

Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.

Christmas party misconduct justified sacking: FWC

The FWC has upheld the dismissal of an employee who harangued a colleague before pushing him fully clothed into a swimming pool during the company's Christmas party.


Full court rejects notion that worker would profit from fine

A full Federal Court has quashed a finding that a $45,000 penalty imposed on the CFMEU should be paid to the federal government, because it would have provided a "windfall" gain for an organiser the union subjected to adverse action.

MUA can enter Ichthys project for discussions: Commission

The FWC has confirmed the MUA's right to represent "waterside workers" employed by the construction contractor for the Darwin Harbour facilities being built as part of INPEX's major Ichthys LNG project.

Leadership rival gains access to union membership list

A candidate seeking to run a team against the current international flight attendants union leadership will be given a copy of the union's membership contact details if she agrees to undertakings, an FWC full bench has ruled.

Employer fails in bid for security of costs order

The FWC has rejected a multinational's application for security for costs, but has granted legal representation because of an intervention order that precludes interaction between the employee and the employer's most senior manager in Australia

Bench upholds sacking for racist comments

Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.


AWU calls for ASIC probe to uncover QN entitlements liability

The AWU is calling for the corporate regulator to investigate whether Queensland Nickel breached corporations laws and whether owner Clive Palmer is acting as a "shadow director", as part of the union's push to secure members' outstanding entitlements.