There is nothing inherently wrong with a "start up" business making with a small group of workers an enterprise agreement that will later cover a much larger number and a wider range of jobs, but it will need to pass the "better off overall test" for those future employees as well as the existing ones, a FWC full bench has confirmed.
The Federal Circuit Court has drawn a link between s-xual assault laws and the Fair Work Act's sham contracting prohibitions in finding that a floor repairing business was not "reckless" as to whether five of its independent contractors were actually employees.
The Fair Work Commission will have to consider whether enterprise agreements contain productivity improvements before it approves them, while unions face additional hurdles to protected action, under the Coalition's latest IR bill.
The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.
Former HSU leader Craig Thomson has been warned that his three-month jail sentence could be extended if he fails in his appeal against convictions for 65 counts of theft and obtaining a financial advantage by deception.
The Fair Work Commission has warned the Dapto Leagues Club it might encounter difficulties enforcing its new policy against employee lip piercings or visible body art, noting the irony of its approach given "a majority of professional footballers" are "covered in tattoos".
The Federal Circuit Court has ruled that NSW employees on workers' compensation are entitled to accrue annual leave under the Fair Work Act, a situation that will be reversed if the Senate passes the Abbott Government's amendments to the federal legislation.
The Fair Work Commission will hold a rare Sunday hearing this weekend after issuing an interim order stopping the MUA from taking protected industrial action against the offshore oil and gas marine contractor, Farstad.
Qantas has won an appeal against a tribunal finding that two of its customer service agents had a right to indefinitely maintain a job-sharing arrangement.
A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.
