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FWC's bad form was unjust for dismissed worker: Bench

A FWC full bench has cited insufficient clarity in the tribunal's unfair dismissal and adverse action claim forms as one of the reasons for upholding an appeal by a dismissed employee.

Bench makes important ruling on legal representation

A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.

Director partly successful in AWA accessory appeal

In another chapter of a long-running case involving a botched attempt to lodge AWAs, a former company director will have the penalty for her role in short-changing 33 call centre workers reduced after the Federal Court cut in half the period in which she was liable as an accessory to her company's breaches.

Coles right of entry policy contrary to Fair Work Act: Tribunal

In one of the first rulings since meal rooms became the default meeting place for union discussions with employees, the FWC has refused to issue an order giving the NUW unfettered access to workers at a Coles distribution centre, despite finding that the chain's new right of entry policy is inconsistent with the Fair Work Act.

Mining union hit with maximum fine for illegal overtime ban

In a rare instance of a court imposing the maximum penalty under the Fair Work Act, the CFMEU mining and energy division has been fined $33,000 for unlawfully implementing its overtime policy at BHP Coal's Peak Downs mine.

Court bans CFMEU's McDonald from Brookfield Multiplex sites

The Federal Court has issued a sweeping injunction to stop CFMEU construction and general division WA branch assistant secretary Joe McDonald from entering Brookfield Multiplex construction sites for nearly three years and ordered the union to pay the company $500,000 in compensation for strikes he incited at two major projects last year.

Employers entitled to dismiss unfit-for-duty workers: Tribunal

The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.

FWC snubs urine testing again

The Fair Work Commission has removed urine testing from DP World's national drug and alcohol policy, but has also refused a union bid to impose a "three strikes" disciplinary process at four ports across the country.