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Unfair for Apple to be represented: FWC

The world's richest company has failed to win permission from the FWC for an external lawyer to defend its dismissal for alleged serious misconduct of an employee who is to be self-represented at a hearing next month.

Court fines former Toll worker for contempt

A court has issued a suspended $10,000 fine and costs against a former Toll worker who defied court orders to stop publishing videos of him wearing the company's uniform while ambushing former Labor Senator Sam Dastyari and that misrepresent people as employees.

Court shaves $645,000 off entitlements claimed via "absurd" maths

In rejecting as "absurd" the expert evidence of a forensic accountant who calculated that Ambulance Victoria owed an on-call media officer $800,000 in unpaid entitlements, the Federal Circuit Court has instead ordered the employer to pay her $155,000, including for time spent sleeping.

FWC empowered by state safety laws: Commissioner

In a significant decision on the FWC's power to deal with clashes between agreements and state laws, a tribunal member has found that jurisdiction was established by a combination of health and safety considerations and the absence of legislative reference to exclusive arbitrators.


Court jails contemptuous underpaying employer

An underpaying employer has spent a night in prison before winning a stay on a 12-month jail term imposed for defying a court order that froze his assets.

Employer's bland statement no assistance; & more

Bench says employer's "bland" description no help to BOOT assessment; FWC takes chainsaw to gardener's sacking; and Tribunal rejects bid to require witness to appear in person.


Rare ruling on business transfer arrangements favours new employer

In a significant addition to the jurisprudence around "arrangements" between transferring businesses, the FWC has rejected union arguments that the urgent use of an old employer's pathology equipment after a midnight handover should lead to continuing employees being retained on their existing, more generous enterprise agreement.

Late second medical opinion no basis for overturning sacking: FWC

In upholding the dismissal on medical grounds of a prison officer who was later declared fit, the FWC has noted his union gained permission to obtain a second opinion but also assisted him in making an ill-fated decision not to pursue it until after his termination.