Legal page 564 of 566

A Fair Work Commission full bench has rejected – by a two to one majority – a raft of claims to vary annual leave provisions in modern awards as part of the two-year transitional review, finding that many of them would more appropriately be dealt with in the broader review next year.

In a split decision, a NSW IRC full bench has upheld an appeal against orders preventing the dismissal of three corrections officers, after finding that Deputy President Rod Harrison had incorrectly based his decision on whether the officers were guilty of serious misconduct.

Worker's conduct didn't justify summary dismissal; and Dishonest reporting of accident costs bus driver his job.

The Federal Circuit Court has ruled that there is no unfettered right to freedom of political expression in dismissing a federal public servant's application for a declaration that any finding that she had breached the APS code of conduct for tweeting her opinions would breach her implied constitutional rights.

FWC warns against "excessive sensitivity" and delay in bullying case; & Second time lucky for engineer in victimisation case.

Opposition promises small business representation on FWC; and Chief Justice flags October hearing for High Court challenge.

Virgin flight attendant's reinstatement confirmed; Evidence from decision-maker not a requirement for valid reason; and All s387 factors relevant to whether dismissal fair.

The Federal Court has rejected a transport employer's bid to challenge a dispute settlement ruling by a Fair Work Commission full bench, holding that private arbitration was not just a "dry run" of a court case.

The BCA has called for an IR framework that provides for direct engagement between employers and employees, and a Productivity Commission inquiry into Australia's IR system.

BHP Billiton has warned the federal government that it would be making "an unreasonable and unnecessary incursion" into business decisions if it proceeds with its proposal to extend the right to request flexible working arrangements, while new requirements to consult over roster changes would hamper the "agility" required by employers to respond to changes in operational needs or customer demands.