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Marijuana smoker wins job back despite zero tolerance policy

Zero-tolerance drug and alcohol policies are back in the spotlight following the FWC's decision to reinstate a ship's master who crashed his ferry into a Sydney Harbour wharf 16 hours after smoking marijuana at home to relieve shoulder pain.

Six month restraint clause reasonable, court rules

An executive must pay his former employer more than half a million dollars for fiduciary and contractual breaches, after the NSW Supreme Court upheld the reasonableness of a contract clause restraining him from working for another advertising agency for six months anywhere in Australia after his employment ended.

FWC carpets advocate over "prevarication"

The Fair Work Commission has criticised an employer representative who filed a draft enterprise agreement for approval without sufficient evidence that it had been seen or approved by employees, saying her explanations about the deficiencies "could at best be described as prevarication".

MFB ignites bargaining round with bid to end agreements

Enterprise bargaining negotiations for Melbourne's firefighters are set to intensify, with the MFB taking the rare step of asking the Fair Work Commission to terminate its existing agreements in a bid to free itself from what it considers to be restrictive work practices.

Secondment arrangement akin to labour hire: Bench

A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.

FWC statistics show new VPs sitting on more full benches

The decision-making of the Fair Work Commission is under increasing scrutiny, after a presidential member complained that decision-making is being dominated by a small group of senior members.

Court rules employer disciplinary breach not "trivial", awards compensation

The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.

Ruling reduces threshold for majority support bids

A Fair Work Commission full bench ruling has opened the door for unions to seek majority support determinations if they are eligible to represent a single employee to be covered by a proposed enterprise agreement.

Employer's changes didn't amount to industrial action: Bench

A Fair Work Commission full bench has held that organisational changes made by employers do not amount to industrial action if they are not motivated by an industrial agenda, in a case involving the compulsory transfer of constables out of three Victoria Police music bands.