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Sharing explicit images breached Coles' conduct rules: FWC

The FWC has found a Coles Supermarkets baker who texted explicit images to a manager who responded "great d--k pic" did not sexually harass him as he appeared to initially take them as "a joke", but the tribunal has upheld his dismissal as his behaviour breached the retailer's code of conduct.


Union awaits ruling on challenge to record fine

The NSW Court of Appeal has reserved judgment on the PSA's challenge to a record $84,000 fine for contravening court orders and pressing ahead with a Valentine's Day strike in protest at the State Government's plans to privatise disability support work.

Auspost subsidiary denied legal representation in FWC

In an indication of the harder line the FWC is taking on allowing lawyers to appear, it has rejected a bid for representation by a large well-resourced employer with thousands of employees that claimed its in-house IR and HR personnel lacked sufficient advocacy experience to defend an unfair dismissal case.

Delegate's GPS-masking foiled by phone records

The FWC has upheld the sacking of a senior ETU delegate who objected to his employer's introduction of GPS tracking, finding he deliberately wrapped his device in a Twisties bag to conceal his whereabouts and falsified service records when absent from work.

Bench applies virtual reality to award's boundaries

The concept of the "farm gate" is virtual rather than physical in the horticultural sector, an FWC full bench has found in a coverage decision it backdated by eight years to ensure employers are not exposed to backpay claims.

Warning to advisors as court fines accountancy firm

In a ruling that underlines the Fair Work Ombudsman's pursuit of accessorial liability against advisors, a court has for the first time imposed a fine on an accountancy firm involved in an employer's underpayments.

Cash to be grilled again over AWU raids next month

Employment Minister Michaelia Cash faces another grilling in Senate Estimates hearings over the AFP's raids on the AWU at the behest of the Registered Organisations Commission.

High Court refuses special leave to challenge entry ruling

The High Court has refused to grant special leave to appeal a full Federal Court finding that a CFMEU official needed a federal entry permit to assist a health and safety representative when he was invited onto a construction site under Victorian OHS laws.

FWC lacks power to consider council's cross-bullying claims

The FWC has found that because an Adelaide council is not a constitutional corporation the tribunal cannot deal with cross anti-bullying orders sought by its acting chief executive and one of its elected councillors, but it says other councils might be trading corporations covered by its jurisdiction.