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High Court lays down rules on independent contractors

The High Court has affirmed the primacy of contractual terms in determining employment relationships, finding a construction worker was an employee of a labour hire company and that two truck drivers were independent contractors despite decades of exclusive service to a solitary business.

Tribunal raises the bar in out-of-hours conduct ruling

The FWC has taken Westpac to task for staging a networking soirée in a sports bar with free alcohol and found it appeared to cloud the judgement of a senior manager who touched a junior colleague's buttocks, but has nevertheless upheld his "catastrophic" sacking.

CPI or 2.5% in Patrick peace deal

Patrick Terminals says the four-year in-principle agreement it has struck with the MUA removes "restrictive recruitment conditions", while delivering "other much-needed flexibilities" for its four container terminals, while the MUA says it has received "assurances" on job security and has won pay rises of 2.5% or CPI, whichever is greater.


Proposed labour hire harmonisation plan with states: A-G's

The Attorney-General's Department has revealed that it has prepared a draft report on harmonisation of labour hire laws using "best practice elements in existing schemes" across the states and territories.

Workers "coerced" after real-time ballot updates: Union

The United Workers Union is claiming a "live update" ballot service prompted a major security company to send misleading text messages and direct managers to coerce workers into voting up a new agreement, in a wide-ranging bid to block the deal's approval in the FWC.

Tribunal rebuffs carer's bid to restrict working days

The NSW IRC has rejected a nurse's bid for a flexible working arrangement under the State public sector's "if not, why not" regime to enable her to meet her caring responsibilities.

Law student's challenge to COVID-19 sacking binned

The FWC has thrown out an unfair dismissal case brought by a law student sacked from a full-time job as a legal assistant for failing to get a COVID-19 jab, finding she did not complete the required minimum employment term after taking time off to sit exams.

Telstra sued over stalker employee

Telstra is being sued by former customers who allege it is liable for the actions of a past employee who stalked the couple after he accessed confidential contact details.

Pandemic no "shield" for employer's late wages: FWC

The FWC has refused to accept the pandemic as an excuse for an employer's late payment of wages over a six-month period, agreeing to consider a worker's general protections application on the basis that the delays left him with no choice but to resign.