Legal page 387 of 566

An FWC full bench has upheld a decision that found workers should be paid for unworked overtime hours under an inclement weather provision that applies to enterprise agreements across the Icthys LNG project near Darwin.

After entering into an FWO compliance partnership that commits it to taking responsibility for underpayments across its trolley collection network for the past three years, Woolworths says it would welcome working with any regulatory body to ensure workers in all supply chains are paid correctly.

In an unusual case in which a coffee chain franchisee has convinced an FWC full bench to quash its agreement after claiming it and an IR consultant provided false evidence to win its approval, the tribunal will refer their statutory declarations to the Federal Police to investigate whether they have committed any crimes.

A full Federal Court will tomorrow hand down its ruling on the union bid to quash the Fair Work Commission's decision to cut penalty rates in the retail and hospitality sectors.

FWC President Iain Ross says a one-day conference in Sydney on Friday will focus on unpaid domestic violence leave and a possible model term, with unions and employers yet to agree on how to define family and domestic violence.

FWC members in NSW have suggested that a pilot program in the State that accelerates unfair dismissal claims has generated a rise in reinstatements, a senior tribunal member told a conference on the weekend.

In the FWO's first underpayment prosecution relying on race discrimination prohibitions in the Fair Work Act, a court has found a Tasmanian hotel and its manager deliberately short-changed a head chef and kitchen hand and expected them to work long hours, six days a week because of their Malaysian nationality and Chinese race.

The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.

A general manager will be able to move to a chief executive role with a competitor in six months, after the NSW Supreme Court cut in half the 12-month restraint in his employment contract.

Flight Attendants Association national division secretary Andrew Staniforth has withdrawn a court case against his union after it agreed to provide an opportunity for him to respond to "questions" and appoint former Unions NSW secretary Mark Lennon to investigate any subsequent allegations.