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Court sends agreement case upstairs for ruling on 'jurisdiction' v 'power'

A lower court has asked the Federal Court to distinguish between "jurisdiction" and "powers" after wrestling with the question in a case where a union accused an employer of breaching its enterprise agreement and the employer counter-claimed that the agreement was not genuinely agreed.


Social media is workers' "new weapon": Union leader

Victorian unions are preparing to run a long social media campaign to secure the reinstatement of 16 Crown Casino workers after receiving advice that the outsourcing of their work is probably lawful

Court reverses $800,000 costs order against FWO

The Federal Court has overturned an $800,000 costs order against the Fair Work Ombudsman, after finding that a Federal Circuit Court judge was wrong to find the watchdog's unreasonable acts or omissions partially responsible for two company directors incurring unreasonable legal expenses.

"Sleeper" whistleblower protections ready to stir

The ACTU is preparing to train affiliates to comply with the more stringent governance requirements under the Turnbull Government's rules for registered organisations, as the new regulator develops plans to increase awareness of protections for reprisals against whistleblowers - which extend to imprisonment.

Court finds potential loophole in entry laws

The ABCC says it is "carefully reviewing" a Federal Court finding that two CFMEU officials who flagrantly disregarded requests to show their entry permits did not breach the Fair Work Act's restrictions on entry to worksites because they were not seeking to exercise their lawful rights.

FWC condemns ski patroller to winters of discontent

The FWC has ruled that a major alpine resort did not dismiss a ski patrol team member who had a "long history" of "discontent" with the workplace when it sent him an email last year notifying him that he wouldn't be re-employed this winter.

Timetable taking shape for domestic violence leave decision

Fair Work Commission President Iain Ross has given parties involved in the domestic violence leave case one week to provide submissions in response to the full bench's preliminary view that affected employees should have access to unpaid leave.

Court deflates Scabby the Rat

An Esso contractor has today won a court order to ban unions from using their giant inflatable rat, known as Scabby, from a picket outside the oil giant's Longford processing plant in Gippsland.

Hiatus strips dismissed employee of award protection: Bench

While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.