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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.

"Inoffensive" out-of-hours drunkenness doesn't justify summary sacking

The FWC has sent employers a clear reminder of the conditions and processes required to justify summary dismissal, with its reinstatement of a contractor's employee who admitted to vomiting at a major client's after-hours function but denied propositioning one of its managers.

Case a lesson on "proper role" of HR departments

The FWC has castigated an HR department for casting aside its "proper role" when it pursued incorrect allegations and facilitated the unfair dismissal by ambush of a manager it considered an "ongoing management problem".

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.


Court reinstates executive who ran afoul of HR manager

A company has been forced to reinstate a long-serving senior executive it sacked more than three years ago following his stoush with an HR manager, while also facing a bill of more than $1 million in back pay, long service leave, penalties and compensation.

Withdraw "problematic" casual conversion legislation: Stewart

The Morrison Government should withdraw its casual conversion bill due to "serious problems", according to Adelaide University Professor of Law, Andrew Stewart, who has also opened fire on the "worse than useless" regulation introduced to purportedly address employers' liabilities in the wake of the Workpac v Skene ruling.

Proposed BHP service deal rejected over NERR error

In a decision further clarifying the "minor procedural or technical errors" that can be overlooked in approving agreements, the FWC has rejected a deal capturing employees not contemplated at the time bargaining notices were issued, despite their subsequent involvement in voting it up.

Qantas worker's "free-pouring" defence rejected again

A Qantas flight attendant has failed in his second chance to have an FWC full bench overturn his dismissal for downing 14 standard drinks at a New York bar, rendering himself unfit for duty the following day.

$1.5m payout for political activities discrimination

Former Queensland assistant health minister Dr Chris Davis has won more than $1.4 million in compensation after a tribunal held that a health service's discriminatory decision to deny him a job because of his political activities and beliefs forced him into early retirement.