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"Naïve" worker pays price for operating under two names

A labour hire employee who lost an offer to shift to direct employment with his host employer after IR staff became aware of his dual identity has failed in unfair dismissal claims against both parties, in a ruling in which the FWC also rejected his joint employment arguments.

FSU at royal commission; On-hire worker's dismissal claim; & more

FSU legally represented in banking royal commission; "No end date" comment spurs on-hire dismissal claim; Company's "secret" to closing gender pay gap; Disputes at decade-long low; and surprising lift in US private sector union membership.


AWU seeks to put Cash in the witness box

The AWU will seek to call Jobs Minister Michaelia Cash as a witness in their Federal Court proceedings over the AFP raids on union offices last year.

"Industrially unsound" result in case scuttled by friendly fire

In a decision where the employer's case was embarrassingly "scuttled" by its own witness, a senior FWC member has found that Ausgrid failed to inform four safety specialists during job interviews that they wouldn't be receiving an allowance due to them under the relevant agreement.

Super-union challenge likely to head to court if appeal denied

The Fair Work Commission has reserved its decision on whether to permit an appeal against the approval of the CFMEU's merger with the MUA and the TCFU, employer groups signalling their challenge wouldn't end there if refused.

Two jobs don't add up to overtime: Court

In a significant decision on multi-hiring arrangements, a court has ruled that an Australia Post employee holding two "separate and distinct" part-time positions could not base overtime and other entitlements on combined hours.

FWC slams HR department's "entrapment"

The Fair Work Commission has sought to better delineate the law around so-called constructive dismissals, in a case in which it lambasted a multinational company's HR department for overseeing a process it likened to "entrapment".

BHP subsidiary's direction not reasonable: Tribunal

In a novel decision on the need to consider alternative duties for incapacitated workers, the FWC has found an agreement clause requiring directions to be reasonable trumped BHP Coal's common law right to refuse to allow a mineworker to perform only part of his job.