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Ruling expected this week on AWU bid for Cash documents

The AWU is seeking access to documents on the "political purpose" of the Registered Organisations Commission's decision to investigate past donations by the union, the Federal Court has heard.

Employer has right to modify shift penalty arrangements: Bench

An FWC full bench has quashed a finding that the terms of CSL's agreement did not empower the Commission to resolve a dispute about the payment of shift penalties, holding that the deal does not stop the employer moving from an averaging system to a "time worked" regime.

Short tenure on-hire worker wins chance to challenge dismissal

The FWC has opened the way for an on-hire casual employee to challenge his dismissal, after rejecting a labour hire company's jurisdictional objection that he could have no reasonable expectation of continuing employment, or was engaged for a specified task which came to an end.

Bench puts ROC in the dock

In the first appeal against a Registered Organisations Commission decision, an FWC full bench has quashed the watchdog's refusal to grant a union more time to submit election information and observed that its approach to defending the case could imply "a lack of impartiality".

Hefty fine reinforces weight given to workers' records of hours

The ramifications of recent legislative changes requiring employers to disprove employees' records of hours worked in wage claim cases have been spelt out in a court decision imposing penalties of more than $120,000 on a company and its director for underpaying an apprentice.

High Court rules unions can represent "eligible" non-members

The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.


FWC freezes hearing of challenge to delegate's sacking

The FWC has acceded to a request to delay an unfair dismissal hearing for two AMWU delegates sacked by Visy Board for allegedly organising unlawful overtime bans, so that they don't prejudice their position in a parallel civil penalty prosecution the company has initiated against the union, an official and 69 employees.

Court rejects bid to derail adverse action claim

A manager's adverse action claim against a not-for-profit enterprise set up to create a railway tourist attraction is on track, after a court found its substantial, non-peripheral commercial activities characterised it as a trading corporation.

Ross wants lengthy delay for next award review

FWC President Iain Ross is proposing to delay starting the next four-yearly review of awards that is due to begin "as soon as practicable" after January 1, but is seeking parties' views on the issue.