In a significant decision on the FWC's power to deal with clashes between agreements and state laws, a tribunal member has found that jurisdiction was established by a combination of health and safety considerations and the absence of legislative reference to exclusive arbitrators.
An underpaying employer has spent a night in prison before winning a stay on a 12-month jail term imposed for defying a court order that froze his assets.
Bench says employer's "bland" description no help to BOOT assessment; FWC takes chainsaw to gardener's sacking; and Tribunal rejects bid to require witness to appear in person.
Uber has repelled another attempt to establish that it is an employer, despite the FWC finding that a driver's relationship with the ride-sharing business was of "some magnitude".
In a significant addition to the jurisprudence around "arrangements" between transferring businesses, the FWC has rejected union arguments that the urgent use of an old employer's pathology equipment after a midnight handover should lead to continuing employees being retained on their existing, more generous enterprise agreement.
In upholding the dismissal on medical grounds of a prison officer who was later declared fit, the FWC has noted his union gained permission to obtain a second opinion but also assisted him in making an ill-fated decision not to pursue it until after his termination.
An FWC full bench has reserved its decision in a case that looms as a significant test of what constitutes a new activity for the purposes of making a greenfields agreement.
One of the CFMMEU's most pugnacious leaders has been described before the FWC as performing a "fairly administrative sort of role" as the union fends off ABCC arguments his entry permit shouldn't be renewed on the basis that he oversees a culture of lawlessness.
Boral chief executive Mike Kane is expected to be cross-examined next week by lawyers for Victorian CFMMEU leaders John Setka and Shaun Reardon, who today faced the first day of their committal hearing on blackmail charges in the Melbourne Magistrates Court.
