In another chapter of a long-running case involving a botched attempt to lodge AWAs, a former company director will have the penalty for her role in short-changing 33 call centre workers reduced after the Federal Court cut in half the period in which she was liable as an accessory to her company's breaches.
A Fair Work Commission full bench has ruled that only employees who will immediately be covered by an enterprise agreement are entitled to vote on its approval, not employees who are likely to be covered in the future.
In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
The FWC has ordered the United Firefighters' Union to comply with good faith bargaining obligations in its negotiations with Victoria's Country Fire Authority, while the union has lodged an appeal against the Federal Court's ruling that clauses requiring the CFA to employ additional firefighters and conduct recruitment are unconstitutional.
The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.
A full Federal Court has refused to overturn a finding that an employee whose firm was placed in receivership resigned and as such was not entitled to the $273,360 payout he claimed.
A FWC full bench has directed a Jetstar flight attendant to address it on whether it can consider reinstating her in the wake of media reports that South African authorities are seeking to extradite her over allegations of "criminal conduct of the most serious kind".
A Fair Work Commission full bench majority has urged DP World to address an "anti-dobbing" culture that contributed to its failure to curb a supervisor's bullying behaviour, in a decision upholding the company's dismissal of a subordinate he goaded into assaulting him.
