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Ex parte communications sink agreement

An FWC full bench has highlighted the limits of permissible ex parte communication between parties to agreements and tribunal members, in a ruling in which it found that such exchanges denied procedural fairness to the union objecting to a deal's approval.

Queensland apprentices due for backpay after full bench ruling

Queensland employers are urging the State and Federal governments to take responsibility for millions of dollars in backpay claims that could be pursued by apprentices after an FWC full bench held that an old State award that continued to dictate their pay was superseded three years ago.

Retrenchments not genuine: FWC

The FWC has reinstated four workers after finding they were not "genuinely redundant" and that their employer took an "unduly hasty and largely tokenistic" approach to meeting its consultation and redeployment obligations.

Rail worker back onboard after sacking for fraud

The FWC has reinstated a Metro Trains Melbourne station officer after finding no justification for her sacking over fraudulent transactions on the Myki smartcard ticketing system.

Bench to examine employment abandonment clauses

FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.


S-xually harassing conduct "well over the line": Tribunal

A decorated senior special constable engaged in extremely serious misconduct in the workplace when he boasted about his s-xual conquests, performed lewd acts with bananas, pretended to "dry hump" a colleague and referred to his p-nis piercings, a tribunal has found.

FWC stays Loy Yang deal termination

The FWC has stayed the termination of the enterprise agreement for the Loy Yang power station and coal mine, conditional on CFMEU members refraining from taking any further industrial action until the appeal is decided.

Controversial ALDI agreement resuscitated by Federal Court

ALDI has secured a stay on a full Federal Court order overturning the approval of a controversial enterprise agreement covering employees at its new distribution centre in South Australia until its application for special leave to the High Court is determined later in the year.

Federal Court clarifies long service leave entitlement issue

In an important case for employees seeking unpaid long service leave under the Fair Entitlements Guarantee Act, the Federal Court has affirmed that the administrator of a failed company expunged its long-service liability when it sold the business to a new operator.