In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.
A test case that established that the Fair Work Commission is able to consider bullying that occurred before its anti-bullying jurisdiction took effect on January 1 has now been thrown out because the employer is not a "trading" corporation.
In a long-running case with numerous twists and turns, an unfairly dismissed anaesthetist has again failed to win his job back after a Fair Work Commission full bench ruled there were no errors in Deputy President Val Gostencnik's decision that Barwon Health's loss of trust and confidence in him made reinstatement inappropriate.
In its first substantive order under the new bullying jurisdiction, the Fair Work Commission has directed an employee not to have any unaccompanied contact with a co-worker or make comments about their clothes or appearance.
The AiG will argue for a raft of annual leave changes as part of the four-year review of modern awards, including greater powers for employers to compel workers to take annual leave during close-downs and when accrued leave reaches "excessive" levels.
FWBC head Nigel Hadgkiss has called for agreement clauses allowing industry-wide RDOs, weekend shutdowns and restrictions on subcontractors and labour hire to be "consigned to the past where they belong".
A warehouse worker who claimed Linfox's social media rules infringed his "freedom of speech" has failed to overturn a ruling that his dismissal for repeated disregard of the company's policies was not unfair.
