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High Court lays down rules on independent contractors

The High Court has affirmed the primacy of contractual terms in determining employment relationships, finding a construction worker was an employee of a labour hire company and that two truck drivers were independent contractors despite decades of exclusive service to a solitary business.

Tribunal raises the bar in out-of-hours conduct ruling

The FWC has taken Westpac to task for staging a networking soirée in a sports bar with free alcohol and found it appeared to cloud the judgement of a senior manager who touched a junior colleague's buttocks, but has nevertheless upheld his "catastrophic" sacking.

CPI or 2.5% in Patrick peace deal

Patrick Terminals says the four-year in-principle agreement it has struck with the MUA removes "restrictive recruitment conditions", while delivering "other much-needed flexibilities" for its four container terminals, while the MUA says it has received "assurances" on job security and has won pay rises of 2.5% or CPI, whichever is greater.


Workers "coerced" after real-time ballot updates: Union

The United Workers Union is claiming a "live update" ballot service prompted a major security company to send misleading text messages and direct managers to coerce workers into voting up a new agreement, in a wide-ranging bid to block the deal's approval in the FWC.

Tribunal rebuffs carer's bid to restrict working days

The NSW IRC has rejected a nurse's bid for a flexible working arrangement under the State public sector's "if not, why not" regime to enable her to meet her caring responsibilities.

"Outdated" approach good reason to axe 2008 deal: Nando's

Global fast food chain Nando's has told the FWC that it risked being left with a "confusing and cumbersome" pay structure for almost 2000 employees unless it succeeded in terminating a near-14-year-old deal with an "outdated" approach to penalty rates.

Rio acknowledges culture report "deeply disturbing"

Rio Tinto's HR practitioners are among the most confident within the company that it can tackle "deeply disturbing" levels of sexual harassment, bullying and racism, as an external report recommends it create an independent unit to better handle complaints.

FWC bench picks date for horticultural award overhaul

Employers have succeeded in winning a short delay to the introduction of a minimum wage guarantee in the horticulture award after a FWC bench accepted they needed time to revise their payroll systems and recruitment practices.

Law student's challenge to COVID-19 sacking binned

The FWC has thrown out an unfair dismissal case brought by a law student sacked from a full-time job as a legal assistant for failing to get a COVID-19 jab, finding she did not complete the required minimum employment term after taking time off to sit exams.