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Full court rules on leave test case

A full Federal Court has ruled today that a pair of 12-hour shift workers at a Cadbury chocolate factory are entitled to 10 calendar days of paid personal/carer's leave, rather than a lesser amount argued by their employer and the Federal IR Minister.

Employer's approach didn't discourage union involvement: FWC

An employer's advice to workers ahead of bargaining that they would be out of a job and in labour hire if the CEPU negotiated a new deal was "forceful" but adequately presented them with a choice of a union or non-union agreement, the FWC has held.

Union lashed over delaying agreement approval

The CFMMEU has been lashed for its role in delaying the approval of a three-worker agreement replacing an expired deal, the FWC questioning whether it was pursuing an "agenda" rather than assisting the tribunal as required under the relevant legislative provisions.

FWC backs sacking of worker who told manager: "You're dead"

The FWC has upheld the sacking of a sales assistant for serious misconduct that included s-xual harassment and threatening colleagues, while conceding the employer could have done a better job of responding to emerging signs of changes in his behaviour.

"Skilled and experienced" advocates win FWC's favour

The FWC has taken into account that a legally-qualified Qantas ER manager with experience appearing before the tribunal is not a seasoned advocate, in granting the airline's application for legal representation to defend an anti-bullying claim.


Personal preferences would "mire" BOOT, says FWC

Approving a deal that lacks RDO and TOIL provisions contained in the retail award, a senior FWC member has warned the Better Off Overall Test would become "mired in speculation on subjective and unquantifiable matters" if he had to factor in the personal preferences of each employee.

Airline's corporate structure hampers bargaining: Union

The ASU and Virgin Australia have clashed over the former's bid for a majority support determination to open the way for bargaining, the union alleging the airline's organisational structure intentionally impeded the process.

Court puts bite on recalcitrant, underpaying dentist

The former director of a liquidated dental practice has been penalised and ordered to backpay a 457 visa worker thousands of dollars after a second adverse underpayment judgment involving his company.

High Court ruling to constrain expression of political views: Academics

Academics are warning of a "chilling effect" on the ability of public servants to express their political views, following today's High Court finding that a government department lawfully dismissed a public affairs officer over a barrage of highly-critical anonymous tweets.