Court and tribunal decisions page 10 of 182

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"Common industrial interest" smooths path for merger vote

United Voice and the NUW are a step closer to conducting a member ballot on whether to merge to become Australia's biggest blue-collar union, with the FWC this week issuing a community of interest declaration acknowledging their shared industrial interests.

FWC rejects axing of deal workers did not know existed

The FWC has refused to terminate a decade-old agreement after hearing a construction company's workers did not know it existed and observing that there was "no evidence whatsoever" about the individual employment arrangements now in place.


Conciliators should bow out of arbitration if objections: Bench

In a significant decision on FWC practices, a Commission full bench has made a powerful case for members conciliating a matter to automatically step aside from arbitrating the dispute if a party objects to their continued involvement, obviating the need for recusal hearings.


Spotless slugged $60,000 for paying unwitting union members' fees

ASX-listed Spotless Group Limited has been ordered to pay 14 former employees a total of $60,000 for breaching their privacy rights when disclosing their names to a union and paying their membership fees without authorisation.


Falsified bank statements lead to costs award, further scrutiny

An IT consultant who falsified bank statements to disprove allegations she was working for private clients on company time has been ordered to pay a portion of her employer's legal costs, while the FWC considers whether she committed an offence under the Fair Work Act.

Error in written decision no indication of bias: FWC

An FWC member has rebuffed an employer's claim that he should recuse himself from hearing an unfair dismissal case on the basis of an ultimately admitted error he made in writing up a jurisdictional decision.

Full Federal Court ruling clarifies super obligations

Employers with workers on annualised salaries have only to pay superannuation on standard hours at ordinary rates of pay, a full Federal Court led by Chief Justice James Allsop has ruled.