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Merivale's 2007 deal an "undeserved" advantage: Union

As United Voice seeks to quash a 2007 "zombie" agreement at Justin Hemmes' Merivale hospitality company on the basis that workers would be better off under the award, the FWO says it found no "non-compliance issues" when it audited the company in May.

Legislation says industrial action "did not happen": Bench

In a significant decision as to what constitutes industrial action, a full Federal Court has found that the legislative framework does not capture instances where a subcontractor's workers down tools with the support of their direct employer.

No recusal for judge accused of "ill-will" towards sacked teacher

A judge accused of banging the bench and unreasonably dragging out a case involving a dismissed teacher has refused to recuse himself on the basis of apprehended bias, finding that the transcript and an "alarmingly small" range of available hearing dates pointed to a vastly different interpretation of events.

Chip flavour dismissal leaves bad taste

The FWC has ordered a manufacturer to compensate a food technologist sacked without warning after she rejected its recipes for chip flavourings.

Beware Skene undertakings, Ai Group tells employers

The Australian Industry Group is warning employers not to rush in to making agreement undertakings incorporating a recent key decision on casual leave until the Federal Court determines a challenge to the ruling's ambit.

"Disappointing" HR advice on clan elder's sacking: FWC

An FWC member has lambasted a council for numerous "missteps" in its dismissal of an Aboriginal night patrol officer, recommending it review its processes and advice received from an HR consultancy.


Class action specialists circle casual leave case

Class action law firm Adero is lining up with the CFMMEU and the worker at the centre of a key casual leave ruling to intervene in Workpac's bid to block another casual from winning entitlements, arguing it is an abuse of process and that the issue could be better dealt with via a class action.

Builders wanted day's warning of safety checks, says union

The CFMMEU is taking a building company to court for allegedly requiring 24 hours' written notice for permit holders wanting to investigate suspected safety breaches at a WA construction site unless the union sent someone qualified to carry out testing.

Lawyer's "selective" excerpts cruel recusal application

A judge in declining to recuse himself from hearing a dismissal case has taken a young self-represented lawyer to task for his "selective" transcription of a court hearing to argue bias.