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Union seeks order to inspect non-member records; alleges company removed documents

United Voice has asked the Fair Work Commission to order Glad Cleaning Services Pty Ltd to produce employment records for cleaners at several Melbourne CBD offices, after allegedly overhearing the company's HR manager on a mobile phone during a tram ride admitting Glad removed documents before a union inspection.

Intimate text messages between consenting adults ruled inadmissible

Sexually explicit text messages between two colleagues in a relationship were found to be inadmissible in an adverse action case because it couldn't be concluded that the "author would be likely to replicate in the workplace the content, tone or subject of text messages which were indisputably intended to remain private".

Justice Ross wards off collateral attack

The President of the Fair Work Commission has refused a bid by Victorian restaurant and catering employers to have the Federal Court clear up its disagreement with the Fair Work Ombudsman over the transitional penalty and loading provisions in the industry modern award, dubbing it a "collateral attack" on a full bench decision of his tribunal.

Disciplinary action not in breach of whistleblower laws: IRC

An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.

Seeking legal advice is a workplace right: Federal Court

The Federal Court has ruled that a betting agency employee's ability to seek legal advice about unpaid commissions was a "workplace right" and that when she threatened to exercise it, her employer took adverse action against her by threatening to sack her.


Sacking train driver was adverse action: Court

The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.


Toll strikes deal with TWU

The Toll Group and the TWU have reached an "in principle" agreement for the company's 10,000-strong workforce, delivering a potential pay increase of 15.25% over four years and a commitment to maintain employer super contributions at 3% above the statutory minimum.