Wesfarmers subsidiary Kmart wrongly permitted new recruits to vote for its latest agreement even though they were not engaged until after the access period, according to an FWC full bench that has nevertheless quashed an earlier rejection of the deal and invited submissions on an undertaking to provide choice of super fund.
A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.
In a decision noting that workers cannot hold employers to promises in a "changing world" in which they must move with the times, the FWC has held that a call centre had a valid reason to sack a contact officer who refused to learn new skills, but a "ruthless" process made it unfair.
The FWC has upheld the dismissal of an Energy Australia employee who told one colleague she could not get pregnant due to her sexuality and suggested to another that he was related to Deepak Chopra because of his Indian descent.
The Federal Court has rejected a bid by the FWO and CFMMEU to upset a major labour hire company's treatment of workers as independent contractors, finding the service agreement signed by the parties transparently spelt out the true nature of their relationship.
A Jetstar pilot who is suing his employer and parent company Qantas for discrimination has accused the budget airline of assessing him as not proficient, denying him the same opportunities as others and ending his ability to work in Australia because of his race.
A NSW IRC full bench has in making equal remuneration orders delivering a 11% rise for education support workers called on governments to ensure worthy such cases are argued, rather than rely on unions "funded by a declining member base".