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Organiser visits must not stray outside work hours: Bench

In a significant decision on entry rights, a Federal Court full bench has confirmed today that a permit holder's right to hold discussions with union members or potential members during "breaks" does not include the period before and after their shifts.


Bench rejects small company's broad-coverage agreement

A five-member FWC full bench has quashed the approval of a small construction company's enterprise agreement, after CFMMEU modelling suggested it left workers up to $575 a week worse off than the award, but the Commission has cited the types of undertakings that might get it across the line.

Self-represented CEO highlights futility of own case

The pitfalls of self-representation have been highlighted by an FWC full bench that found it would be "futile" to hear a former chief executive's anti-bullying case because his notice of appeal "expressly" indicated he was seeking an unnecessary order.

Bench quashes "nothing new" greenfields deal

An FWC full bench has made a significant decision on what constitutes new activity when making greenfields agreements, after the CFMMEU described the deal as a "a cynical, industrially incorrigible and flawed attempt to bypass bargaining with its employees and their union of choice".


Contentious three-worker deal makes "business sense": Bench

An FWC full bench has quashed a decision not to approve a deal struck between Thiess and three pre-contract employees on the basis it was not genuinely agreed, remitting the Mount Pleasant mine agreement to a single member for redetermination.

Incomplete excuses for delays don't sink late filings: Bench

A February FWC full bench finding that a worker was wrongly denied an extension of time to file on the basis he needed a credible explanation for the entire length of the delay has prompted a bench to overturn another decision refusing more time.

Aldi's "enhanced" NERR restrictive: Bench

An FWC full bench has questioned why Aldi continued post-Peabody to issue invalid notices of representative rights by directing workers' bargaining questions to a "leader" rather than their employer, finding the "restricting" modification far from trivial.