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FWC rejects O'Dwyer bid to refer legal question to Federal Court

FWC President Iain Ross's delegate has refused to refer to the Federal Court IR Minister Kelly O'Dwyer's "revolutionary" question of law as to whether the Fair Work Act allows indirectly discriminatory terms in agreements, while also flagging potential hurdles to her quest for a review of a new fire brigade deal.

Professor contesting "privileged" status of pre-investigation advice

After winning an interlocutory injunction reversing her suspension from Melbourne University, the head of its culture and communication school is challenging her employer's claim that legal advice received before appointing an investigator to probe possible misconduct is privileged.

Employer pays for "sham" job proposal

A small employer must pay almost $15,000 to a former part-time worker it sacked for rejecting an "inflexible" full-time job proposal the FWC concluded had been designed to "get rid" of her.


Error-stricken air traffic controller's dismissal stayed

The FWC has halted the dismissal of an air traffic controller who in the space of two months assigned the wrong runway and "lost" separation of aircraft at Sydney Airport, finding that "questions of fact" around the employer's obligation to manage his performance needed to first be settled.

Company too quick to find worker abandoned job: FWC

In a reminder to employers to double-check before assuming a worker has abandoned their employment, a business must pay $7000 to an ex-employee after it withdrew his visa sponsorship over an unexplained three-day absence that turned out to be GP-recommended stress leave.

Kmart deal not so super, says SDA rival

RAFFWU is challenging the approval of a Kmart deal that won overwhelming endorsement from workers, claiming a refusal to provide an opt-out of the retail industry superannuation fund and 1c above-award pay rates will mean it fails the better off overall test.

FWC bares teeth with jail threat

In a rare case, two former operators of a Canberra massage parlour potentially face up to a year in jail for allegedly providing false or misleading evidence to the FWC.

Bench upholds extending notice to five days

An FWC full bench has upheld a decision requiring the CFMMEU to give DP World extra notice of industrial action at container terminals in Brisbane, Fremantle, Sydney and Melbourne, despite the union's protestations that it placed too much emphasis on the effect upon third parties.

CFMMEU seeking to intervene in another Skene-related case

The CFMMEU will this week seek to intervene in a class action pursuing leave entitlements for thousands of Workpac's on-hire casual black coal mine workers, at a hearing expected to also deal with the company's bid to block another casual, Robert Rossato, from winning entitlements.