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"Intentional non-compliance" puts Kmart deal beyond rescue

RAFFWU has warned Kmart that it should back pay workers tens of millions of dollars in minimum award entitlements or risk a bid to terminate its expired deal, after the FWC rejected its latest agreement over a BOOT failure and an "intentional" exclusion during voting.



Failure to consult didn't make dismissal unfair

In a decision highlighting the FWC's occasionally challenging balancing act when weighing procedural fairness against business circumstances, the tribunal has found that while a small real estate employer failed to genuinely consult with an employee, his dismissal wasn't unfair because the company's changed operational requirements meant his role was no longer needed.


Fuel supplier wins extended notice of strike action

The FWC has ordered the AWU to give a Victoria's main fuel supplier extended notice of five days if its members plan on taking two or more forms of industrial action at the same time.

Shiftwork could cost employers more after FWC ruling

Employers relying on the General Construction Award might have to start paying thousands of civil construction workers overtime instead of shift penalties, after the FWC held that shiftwork rates only apply if they continue the work of others on the same project, for the same client and contract.

FWC bench lops 31 horticultural deals

An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.

"This proceeding has developed elephantiasis": Judge

A judge has rebuked the FWO over its handling of a case brought against a silo manufacturer accused of underpaying two workers less than $13,000, observing that the "sorry saga" had "developed elephantiasis" and it was time it was brought to an end.