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Employee's dismissal ends bullying claim

The Fair Work Commission has dismissed an ANZ employee's application for an anti-bullying order, finding that his dismissal by the bank after he lodged his claim meant that he had no reasonable prospects of success.

Court warns coal giant that reinstatement means providing work

The Federal Court has temporarily reinstated a CFMEU delegate to his position at Anglo Coal's Dawson mine in Central Queensland pending the hearing of his adverse action claim, and warned the company that it will need to provide him with his usual work to comply with its order.

Full Federal Court weighs up Toyota "no extra claims" clause

Toyota's best chance of overturning last year's ruling that stopped its employees voting on the company's proposed changes to its Altona enterprise agreement appear to rest with its argument that the "no extra claims" clause in the deal is directly inconsistent with the Fair Work Act, after other appeal grounds fell away in argument before the full Federal Court yesterday.

"Inconsistency" no basis for new appeal mechanism: Ross

There is "no substance" to the claims of inconsistent FWC decision-making that have underpinned calls for an independent appeal mechanism, according to the tribunal's president, Justice Iain Ross.


FWC rules CFMEU record not a factor in entry permit bid

The Fair Work Commission has granted an entry permit to a CFMEU construction and general division organiser, rejecting the FWBC's argument that it was obliged to give weight to the union's poor record of compliance with industrial laws.

Bullying ruling should relieve employer fears, lawyers claim

A major law firm says the FWC's first ruling on the merits of a bullying application should calm employers' fears about the new jurisdiction, claiming that the tribunal has adopted "an extremely broad" interpretation of the exemption for reasonable management action.

BHPB says tug strife could damage national interest

BHP Billiton has stepped up pressure over a bargaining deadlock involving tug boat crews in Port Hedland, warning it is “actively pursuing” legal options to prevent industrial action.

Formulaic response to unlawful action means sacking unfair

The need for employers to consider the individual circumstances of employees taking industrial action before they institute disciplinary action has been demonstrated in a FWC finding that a company unfairly dismissed a crane driver who belatedly joined an unlawful stop-work meeting.

Minimum wage panel member denies conflict of interest

The ACTU's bid to remove former senior public servant Tony Cole from this year's annual wage review has failed, after he told the peak body in a consultation hearing this morning that he would not step down because he was not a party to the Audit Commission's recommendation to reduce the minimum wage.