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Ruling reduces threshold for majority support bids

A Fair Work Commission full bench ruling has opened the door for unions to seek majority support determinations if they are eligible to represent a single employee to be covered by a proposed enterprise agreement.

Employer's changes didn't amount to industrial action: Bench

A Fair Work Commission full bench has held that organisational changes made by employers do not amount to industrial action if they are not motivated by an industrial agenda, in a case involving the compulsory transfer of constables out of three Victoria Police music bands.

Tribunal rejects take-home pay claim

In one of the few applications for take-home-pay orders, a personal carer has failed to convince the Fair Work Commission that he was entitled to a travel allowance from his old award.

Court acknowledges strike was to support injured worker, as CFMEU fines mount

The Federal Court has added another $61,000 to the CFMEU's $250,000 bill for unprotected industrial action on the Brookfield Multiplex Perth hospital project last year, but in doing so has taken into account that the strike was in support of an injured worker and not for just a "self-interested purpose".

Teacher wins reinstatement appeal

In a ruling that highlights the need for tribunal members to fully explore reinstatement options for unfairly dismissed employees, the Fair Work Commission has upheld an appeal by a Catholic teacher against a decision not to give him his job back.


Federal Court rejects bid to overturn delegate's reinstatement

The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.

CBA tells High Court to ignore House of Lords "trust and confidence" ruling

In one of the most significant employment law cases in the last hundred years, a former Commonwealth Bank executive asked the High Court on Monday to balance the "ledger" by recognising the existence of an implied term of trust and confidence in all Australian employment contracts, while the bank warned it against adopting English law.

Bullying jurisdiction to put spotlight on unregulated workplace investigators: Lawyer

The FWC's new anti-bullying jurisdiction is likely to subject the "largely unregulated" workplace investigations industry to long-overdue scrutiny, and might give rise to questions about whether employees can lawfully refuse employer directions to cooperate, according to Maurice Blackburn principal Josh Bornstein.

Inquiry not about crushing unions: Royal Commissioner

Former High Court judge Dyson Heydon has told the first sitting of the Coalition Government's royal commission into unions he is heading that its terms of reference are "not hostile to trade unions", while outlining the heavy criminal sanctions that apply to those who breach its rules.