Legal page 393 of 565

The FWC has reaffirmed its jurisdictional ambit to determine right-of-entry disputes after an employer questioned whether it was seeking to exercise judicial powers it does not possess.

Major construction company Laing O'Rourke has failed to convince the FWC that a current agreement clause could effectively render its NSW and ACT deals compliant with the building code, but the tribunal has recommended that the CFMEU and employees take all necessary steps to achieve compliance.

A café supervisor overheard calling his venue manager "a racist b-tch" was unfairly dismissed, the FWC has found.

An FWC member has observed that a business with more than 40 employees "is large enough to warrant a HR manager and a HR officer" in a case where an employer sought leave to challenge its own HR manager's recollection of events.

The long-serving 65-year-old manager of one of the country's largest non-profit community legal centres has won her job back, with a 20% pay hike, after the FWC found the organisation's management committee deliberately designed a restructuring process to scuttle her candidacy.

The Federal Court has rejected CFMEU argument that the Fair Work Act's explanatory memorandum compels a finding that union officials are entitled to exercise their entry rights to hold discussions with members and potential members before their shifts begin.

A mortgage broker is facing a substantial damages payout after a court rejected his claim that a client list he took to his new role at a competitor was no longer confidential because his old employer posted some of their names on its Facebook page.

A court has found that a rail freight company took adverse action against a train driver when it derailed his progress towards a more lucrative role after he refused to alter a shift, citing primary carer responsibilities and fatigue.

The Federal Court will next week hold a preliminary hearing of allegations by a former Australia Post national workers' compensation manager that ex-chief executive Ahmed Fahour caved-in to a union leader's demands to oust him from his role and shelve his efforts to rein-in costs, or face protest rallies and the leaking of sensitive internal documents.

Twenty-year jail terms for industrial manslaughter and the newly-created role of WHS Prosecutor are among legislative changes contained in a bill introduced to Queensland Parliament yesterday.