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Court bites back against 7-Eleven cash-backs

The Federal Circuit Court has fined a former 7-Eleven operator more than $154,000 for using a cash-back scheme to circumvent a biometric payroll system introduced by head office to stamp out underpayments.

Employsure engaged in misleading and unconscionable conduct: ACCC

The Federal Court will next month convene a hearing for an ACCC prosecution of employment advice provider Employsure for allegedly misleading small business operators into believing it was the FWO or the FWC or was connected to them.

FWC kills off "zombie" deals

Thousands of retail and hospitality workers sitting on lower-paying "zombie" deals will revert to their respective awards from early March after the FWC terminated a 2007 agreement for Justin Hemmes' Merivale hospitality company and a 2011 Specialty Fashion Group deal.

Action stopped to avoid economy-damaging refinery shutdown: FWC

The FWC earlier this month halted industrial action at BP's Kwinana oil refinery after it accepted that a shutdown of up to a fortnight would be the "unavoidable and inevitable consequence" of protected bans and limitations by AWU members.

FWC bench installs signposts to speed deal approvals

An FWC full bench has issued guidance for the approval of enterprise agreements containing minor errors, finding that employers can give as little as four days' notice of voting and alter the text on template forms as long as workers are not disadvantaged.

Case to test employers' right to impose biometric bundy clocks

A full bench has allowed an employee to challenge his dismissal for refusing to use his employer's fingerprint scanning technology that monitored attendance and tracked shifts, finding the case raises "important, novel and emerging issues".

Court reconsiders "ordinary and customary turnover" escape clause

In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.

Undertakings needed to correct MFB deal's "abhorrent" term

The FWC has rejected a contentious MFB agreement because of terms that hinder workers shifting to part-time employment and permit the United Firefighters Union to block flexible working arrangements, but it has left the door open for the deal's approval with undertakings.

Mine fails to terminate agreement covering no workers

An ASX-listed mining company has failed to persuade the FWC to terminate a 2011 deal no longer covering workers or an operating mine in order to make reopening viable, the tribunal finding in the interests of enterprise bargaining the company should first try to negotiate with the CFMMEU.

Seven-month "leave blackout" breached deal: FWC

A council's imposition of a seven-month "leave blackout" period in a quest for greater efficiencies has run foul of the FWC, the tribunal finding its failure to consult workers over the policy breached best practice and notification provisions in its agreement.