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Kmart deal set to pass despite ballot flaws

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.

Repeated mobile use did not warrant instant sacking

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.



"People like you can't get pregnant" remark justified sacking

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.

Super-union debuts; Bench scuttles offshore deal; & more

NUW deregistered, UWU out of the blocks; Wrong rate claim sinks offshore deal, Bench rules; Google no answer to getting dismissal right; and Cop's bid for early long service leave rejected.


Employee status "not a box-checking exercise": Judge

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.

Jetstar denied me advancement due to race: Pilot

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.

Government should be driving equal remuneration: IRC

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".